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Georgia Wrongful Death Questions & Answers
1 Answer | Asked in Family Law and Wrongful Death for Georgia on
Q: Can a parent who has lost their rights (age 8) get part of an insurance settlement after accidental death (17)?

My nephew (17) was killed in a car accident back in June. His mom had lost parental rights (because of physical abuse) when he was 8. My brother's 2nd wife adopted him when he was 10. Unfortunately, my ex sister-in-law (2nd wife) accused my brother of raping her daughters (that he had adopted)... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

It sounds like your mom has an attorney and she should be guided by what the attorney says. A termination of parental rights does not mean the parent is suddenly no longer a parent.It will get highly technical and hopefully they will get something out of it.

2 Answers | Asked in Wrongful Death for Georgia on
Q: In wrongful death settlement, if neice was the ONLY heir to the will, who receives money? There r 4 surviving sisters.
Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

It depends on the nature of the claims of the sisters--whether Georgia recognizes their claims as independent of the dictates of the will. If you are a family member you should consult a member of the Ga.Trial Lawyers Assn--they give free consults.

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1 Answer | Asked in Contracts, Wrongful Death and Workers' Compensation for Georgia on
Q: If I have a pending disability case, is it illegal for my my job to deny me workers compensation. When I got injured ?

I am hurting still

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

Not sure why you think it would be so. To get either you have to show you can't work. For Comp you have to show the injury is from work. For disabilty the reason doesn't matter but you may have to be unable to do any work not just your old job.If you don't have a lawyer at least get... View More

3 Answers | Asked in Estate Planning, Car Accidents and Wrongful Death for Georgia on
Q: My dad died last year from injuries resulting from a car accident. Who can be included in the estate for the law suit?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 27, 2017

If it is a wrongful death claim (I don't know from the facts you give) then your father's spouse will bring the claim, but she must divide the money with all the children. If it is a personal injury claim, then the money goes into your Dad's estate for distribution in accordance with... View More

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1 Answer | Asked in Personal Injury and Wrongful Death for Georgia on
Q: Can spouse of my Mother be accountable for wrongful death due to negligence?
Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Sep 20, 2017

If you are asking whether your mother's spouse can be liable to you for the wrongful death of your mother, the answer is it depends. If they were in a car accident with the spouse driving and your mother was killed and the accident was the spouse's fault, then yes the spouse can be... View More

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Q: I took my 3 month puppy to a man that does ear cropping he gave him 2 extra milligrams of Anastasia he never woke up

He weighed 28 pounds his sister weighed 30 but the sister only got her ears cropped the male was going to get his ears and tail done but he gave him the same amount of the sister to The male because of the tail I have my bill of sale for the dog could I take him to court for this I'm really... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

You could, but he only owes you the cost of what he did and the "market value" of a dog of that breed and age.

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Georgia on
Q: Can you sew someone on something that happened 10 years ago after the settlement?

Someone killed my daughter in a car accident 10 years ago and at the time the last thing I was worried about was money. They paid for her tomb stone and nothing more. Things haven't been the same since. She didn't even go to jail.

William C. Head
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answered on Aug 20, 2017

The statute of limitations, generally, is 2 years. Some entities, like State agencies or county or city government agencies, must be given a notice called ante litem notice.

Had you contacted a personal injury lawyer, back within that time frame, you possibly had a claim.

1 Answer | Asked in Wrongful Death for Georgia on
Q: My dad died from an experimental drug that was not FDA approved, can I sue?

My dad passed away when I was 12 in 2008 from organ failure and MRSA, but he also had testicular cancer (95% treatable ). The doctor first gave him the wrong chemotherapy which killed his white blood cells and not only that, gave it to him while he had staff. When his condition worsened from his... View More

William C. Head
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answered on Aug 4, 2017

Unless this defective medication issue was just discovered, you have waited too late.

An expert on pharmaceutical malpractice can be found at this web site. He has a national practice.

Tell him you were referred by William Head of Atlanta. 323-656-2499. Brian Witzer.

2 Answers | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Q: If an individiual takes your animal to be fixed. And then has them put down without owner consent.

Vet saw an issue and she wouldn't have lived much longer but we never had a chance to say goodbye, got the remains, or were even notified before it occurred. What are my options at this point?

William C. Head
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answered on Aug 4, 2017

This is not a wrongful death case. That pertains to persons, and from some accident or negligent act of another.

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Georgia on
Q: I have medical records documenting a fractured arm when my dad was transported by ambulance to the hospital.

My dad was transported from his brother's house to a hospital about 30 minutes away instead of a local hospital that was about 7 minutes away. The medical records states that my dad's arm was fractured at least 20 days prior to an ambulance being called. My dad was not properly cared for... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 30, 2017

Your question presupposes lots of things that may not be facts, but just conjecture. If your father has been abused by anyone, he has a claim against thst person. You do not.

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1 Answer | Asked in Personal Injury, Wrongful Death, Elder Law and Medical Malpractice for Georgia on
Q: If my siblings and I suspect abuse of our father before his death, will we be able to file a lawsuit?

My dad died 2/20/16 shoulder or arm was fractured in 3 places. When transported to first hospital x-ray was done and see there was a fracture that was about 20 days old. My uncle and his son states that they don't know how it was fractured. After the first hospital told my uncle that it... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2017

You may not be able to get any lawyer to file suit. The statute of limitations is 2 years. But, with not forensic proof or doctor who saw him to say their fault, you likely lose.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Q: Can I sue an animal hosp.if they didnt follow protocol with a preg.dog that was "DOA" and I told them to save the pups?

I did CPR on her all the way there. They did CPR 5 minutes then told me she was dead, did I want them to take out the babies? I said they should have been out by now. They took babies out and ONLY did compressions on them. No shot or drops to jump start their hearts according to other vets... View More

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

You can only get the market value of the pups if you can prove they would have survived had the hospital used extreme measures--which requires expert testimony that will cost you more than the market value of the dogs. Sorry, but time to let go of this one.

1 Answer | Asked in Car Accidents, Wrongful Death, Products Liability and Civil Litigation for Georgia on
Q: Can you sue a vehicle manufacturer if you hit the back of a vehicle that had a gas tank recall on it?

Can you sue a vehicle manufacturer if you hit the back of a vehicle that had a gas tank recall on it? Which resulted in a death and you were unaware of the defect at the time you plead guilty and are now serving time in prison and then a civil suit took place where the family sued the company and... View More

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

You can't. But talk to your attorney to see if that jury verdict can be used to lighten your sentence or otherwise.

Do not respond to this, and don't discuss more on social media.

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for Georgia on
Q: Can I file a nursing home case if my mother has POA of my fathers affairs? I have found serious neglect.

My father has been in a nursing home in Atlanta for Alzheimers and the family was called on yesterday because he has had a fever over 100 degrees for a couple of days now and they felt that he was transitioning. I went on yesterday and I found him in very bad shape. He was very very thin and his... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2016

Contact a member of the Ga. Trial Lawyers Assn. They give free consultations. Look for one that handles nursing home issues.

2 Answers | Asked in Wrongful Death for Georgia on
Q: i had a civil suit in GA for a wrongful death the judge threw it out annd said it was a mistrial because the plantif .

can they still refile if the statue of limitation has passed from its original file date when they first filed it was within the statue of limitation?

Peter N. Munsing
Peter N. Munsing
answered on Oct 12, 2016

If it's a mistrial they can ask for a new trial but they have a limit of time to do that. If the lawyers didn't ask for the enw trialthey can't refile.

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1 Answer | Asked in Wrongful Death for Georgia on
Q: im getting sued in a wrongful death lawsuit and the lawyers that i contacted all wanted at least 30.000 to represent me

i only have six thousand dollars to my name i need help what can i do? i need help! i tried legal aid but they said that they cant help is there some kinda non profit org? or somewhere i can go for some legal help?

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2016

Depends on what it's for. If its for a car wreck run it through your insurance. If it's an injury at home run it through your homeowners. Otherwise protect yourself by filing bankruptcy. Contact a good bankruptcy attorney via www.naca.net

1 Answer | Asked in Criminal Law, Constitutional Law and Wrongful Death for Georgia on
Q: if an intruder dies due to the castle law in Georgia would i get in trouble or sued?
Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

You'd have a good chance of being sued, especially it it turned out the guy was unarmed, like the trick or treater someone shot. Whether they would win is a bit different but I'd plan on keeping my homeonwers, maybe up the protection.

2 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: I have a friend who told me that her son was shot 5 times by a guy wearing a military uniform.

She went to court and they said that he was with a gang and she said that he was not with these people. Also, the guy that murdered her son was let go. She is trying to sue the guy that murdered her son but doesn't know what to do. What can she do next?

Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

She should talk to a member of the Georgia Trial Lawyers Association. She should understand if it's a gang member that shot the son, then there's not much she can do unless she wants to pay the lawyer by the hour,because if she wins she has to get the money from someone who doesn't... View More

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2 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: I have a friend who told me that her son was shot 5 times by a guy wearing a military uniform.

She went to court and they said that he was with a gang and she said that he was not with these people. Also, the guy that murdered her son was let go. She is trying to sue the guy that murdered her son but doesn't know what to do. What can she do next?

Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

She should talk to a member of the Georgia Trial Lawyers Association. She should understand if it's a gang member that shot the son, then there's not much she can do unless she wants to pay the lawyer by the hour,because if she wins she has to get the money from someone who doesn't... View More

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1 Answer | Asked in Wrongful Death for Georgia on
Q: Is there a case to sue for the cause of his death?

My brother's case just closed for investigation after a year and I was told by the open records department that there were no dash cameras on the police vehicle that was involved in the chase. Which I think it is very odd.

Here's an article that was posted on AJC:... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 7, 2016

I am sorry for your family's loss. Police chases only result in liablity if they are unreasonable under the circumstances. In this case there's nothing that jumps out at me. Another possibility is what is called crashworthiness--the ability to survive a hit.

I would suggest you...
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