My BIL's aunt passed yesterday at a hospital in GA. She had told the doctor's and nurses there that she had a pacemaker when they wanted her to have an MRI--she told them several times that she did not want an MRI b/c of this, however, they moved forward with the testing and she... Read more »
answered on May 11, 2023
Your aunt's husband or, if she wasn't married, surviving children, should contact a medical malpractice attorney in Georgia as soon as possible to investigate this matter. An MRI is usually contraindicated with someone with a pacemaker or other metal objects.
We are currently... Read more »
the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son.
answered on Apr 20, 2023
Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney... Read more »
Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will
answered on Mar 16, 2023
I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.
In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... Read more »
My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »
answered on Jan 2, 2023
Whenever someone does and at person owns real property, an estate must be opened in most cases. There can be a couple of exceptions. Wrongful death proceeds generally are payable to the heirs with a small sum of the money payable to the estate to cover final expenses of the deceased person. If... Read more »
My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »
answered on Jan 1, 2023
I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.
I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death. The night before he passed the paramedics were called to drive him to the hospital, but they refused to take him stating that he was “too heavy to put on the stretcher” regardless of... Read more »
answered on Sep 22, 2022
I am sorry for your loss.
If your father was not married, then you and any other biological children of your father would be the correct parties to file a medical malpractice wrongful death lawsuit. Such a lawsuit must be filed within 2 years of your father's death (though it is... Read more »
My grandmother recently passed away and we wanted to sue for wrongful death but on the legal papers it says negligence. Are they the same thing? Also can you tell me what Ga code or Ga law you got your answer from?
This is also from nursing home abuse!
You are greatly appreciated!
answered on Aug 13, 2022
A Georgia attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your grandmother. The two terms are not exactly the same thing, but they are related in the context of your question. A wrongful death lawsuit could be based on negligence. In other... Read more »
Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones... Read more »
answered on Jul 1, 2022
It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... Read more »
My 83 yr old Dad was in a local nursing home, positive for Covid on 3/23. Told multiple times he was good. Visited on 26, I asked nurse how he was, told fine but I found him unresponsive. I asked for help with him but only nurse was giving meds and none of 3 CNA at desk would answer when used call... Read more »
answered on Apr 5, 2023
This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.
My husband recently passed.His mom is now about to pass away.We’ve a minor child together& I have a minor daughter he raised. Ive 2 living adult stepkids both with children & 1 deceased stepchild who left behind 3 kids ( all minors) & a widow. My husband & I were married over 10... Read more »
answered on Jan 15, 2023
Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.
My car broke down in the road and my passengers and I got hit and 1 died
answered on Jan 12, 2022
The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... Read more »
This is wrongful death, they caused her cardiac arrest.
answered on Sep 7, 2021
You should seek out legal counsel and provide them with the medical records to review. This will be a Medical Malpractice case which requires showing the doctors/nurses breach the standard of care and caused injury to the patient as a result of that breach. If the attorney believes there was a... Read more »
answered on Apr 10, 2021
A Georgia attorney could answer best, but your post remains open for two weeks. If it's done in the context of life insurance benefits, which is the common scenario, the crime is generally insurance fraud. Outside of that or other contexts involving illegal acts (but instead done as a... Read more »
I am a child to a deceased mother, who was killed due to domestic violence,, i am almost sure I will have to testify and i would like to listen and watch the trial as it proceeds. My family is saying that’s not allowed and I’m worried.
answered on Apr 1, 2021
I am so sorry for your loss. I am sure this has been very difficult. Unfortunately, sequestration of witnesses is a normal practice. It is designed to illicit truthful testimony that has not been swayed by the testimony of other witnesses. Ultimately, it is up to the judge.
I hope... Read more »
I am his wife lately we're not divorced not separated anything he was living with me he got on drugs he moved in with them he died they're on drugs too by the law is it not legally my stuff to resume from them instead of hers to sell I have receipts for most of it.
answered on Mar 23, 2021
Good afternoon. Could you please clarify what the issue is? Thank you in advance.
It was my mother who was murder
answered on Feb 5, 2021
There is no such person as an "illegal." A jail is not responsible for the actions of an undocumented person who may commit crimes after their release. Same for a citizen.
Without "enlightened conscience of jury", how to allocate fairly to both estate and WD claims in order to satisfy equitably the heirs. Isn't there some sort of protocol or "golden rule"? Being a heir, I cannot decide things like pain and suffering prior to death and the... Read more »
answered on Oct 5, 2020
That is a great question and, unfortunately, there is no exact answer. It is generally the rule of thumb that the vast majority of the funds are allocated to the wrongful death claim. The reason being is that any funds applied to the estate claim are subject to any liens which may have been... Read more »
answered on Aug 17, 2020
(2) Upon written request from the patient or a person authorized to have access to the patient's record under an advance directive for health care or a durable power of attorney for health care for such patient, the provider having custody and control of the patient's record shall furnish... Read more »
The defendant payed a settlement to my mother's estate. The settlement states "No Releasee has ever admitted, and but rather each specifically denies, any allegation of wrongdoing. " The case was against a nursing home.
answered on Aug 17, 2020
If the settlement is for pain and suffering, then the payment of that settlement is non-taxable. The only issue you would have as far as taxability of the funds that were then distributed to you through the estate would be if the distribution exceeded the exemption amount on the gift tax of 11.5... Read more »
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