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Georgia Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for Georgia on
Q: How do you get a coroner to do a inquest when you can’t get them to respond to your phone calls, emails etc?

They have no physical address for a office and has went out of his way to ignore the family for over 3 years now even though they are aware the family does not agree with the findings, has the evidence to prove the cause and manner of death to be different then listed on the death certificate, has... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Georgia Bureau of Investigations

3121 Panthersville Road

DECATUR, GA 30034

Primary: (404) 244-2600

2 Answers | Asked in Car Accidents and Wrongful Death for Georgia on
Q: My father died 22 years ago in a car accident caused by someone else. I was a minor and Nothing was pursued.

The other driver was at fault, failed to yield.

My parents were divorced and my mother did not pursue anything. I have just recently found out the details, can I do anything now ?

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

Just to be sure, contact a member of the Ga. Trial Lawyers Assn but no, it is too late. There's a statute of limitations for wrongful death and related claims that is long over. Even if you had a claim as a minor, that would have expired on your 18th birthday or 2-3 years after that, depending on... Read more »

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2 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: If the GA First Offender Act allows records to be immediately seal, why is the offender listed on Vinelink's website

The motion was filed and the records were sealed immediately. No records appear on any Georgia Department of Correction sites, etc. Is VineLink's (owned by Appriss) site violating the First Offender Act?

Joshua Schiffer
Joshua Schiffer answered on Dec 13, 2019

Allows is the key word. You have to move/motion to seal after the case is concluded (unless the sealing was arranged during the plea) to seal the records.

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1 Answer | Asked in Civil Rights, Federal Crimes and Wrongful Death for Georgia on
Q: My cousin was killed by a police officer in Ga 2012. His mother is dying of cancer but she never got true Justice

How could we appeal a decision in court. The police officer was never held responsible? There was no evidence provided, and there was no justice pertaining to his death. It was a WRONGFUL DEATH that basically got overlooked . When looking up even the case information on the incident only articles... Read more »

Gary Kollin
Gary Kollin answered on Sep 11, 2019

You cannot appeal the decision of the prosecutor

2 Answers | Asked in Wrongful Death for Georgia on
Q: Can i take the pool/company to court

The man was under water for ten minutes and it took someone who wasnt even a lifeguard to inform them about him.There was no lifeguard vigilant at the area he was in. once they noticed him it took 1 minute to get him out of the pool. He eventually died because of drowning

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2019

It is possible, but other facts are needed to fully explore whether somebody failed to follow proper safety rules resulting in this person's drowning. You should see an attorney knowledgeable in pool safety regulations to discuss your matter in greater detail.

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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Wrongful Death for Georgia on
Q: What if the signing doctor put false cause of death on the certificate? Called it an overdose with tests disproving over

Called the persons death a possible overdose when every test came back clean.

Ecleynne Mercy
Ecleynne Mercy answered on May 2, 2019

A death certificate serves as evidence only of (1) the death itself and (2) the immediate agency (reason) of the death. Other conclusions, such as those regarding the events leading up to the death or whether the cause of death was intentional or accidental, are not admissible. Swanson v. State,... Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: If you settle with a tort claim (o.c g.a. subsection 9-11-67.1) can you still be suit in civil court for wrongful death?
Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2019

Assuming part of the settlement was a release generally no, though it depends who was released. Get a copy of the release, talk to the lawyer the insurance company paid to represent you.

1 Answer | Asked in Employment Law, Personal Injury and Wrongful Death for Georgia on
Q: Are employers required to report deaths of employees to work comp or OSHA?

My healthy 42 yo husband died at work while in the restroom. Death certificate states: cause and manner of death are undetermined. All toxicology and other testing negative. I have no idea what happened to him at work... I was never informed that I or my daughter could be entitled to work comp... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

Your estate lawyer should have suggested to you that you had that right. Likely it's passed, but why not contact a member of the Ga Trial Lawyers Assn in your county--they give free consults. Look for one that handles workers compensation.

1 Answer | Asked in Wrongful Death for Georgia on
Q: How can I get all the jurors thrown out if it comes to find out that one juror have been contaminated
Mitchell Feldman
Mitchell Feldman answered on Nov 18, 2018

Not sure what you mean by contaminated. If you have evidence the juror is engaged in misconduct then your lawyer should present to the judge for investigation and ruling

1 Answer | Asked in Wrongful Death for Georgia on
Q: If my children father died wrongfully and the mother of the decent filed a lawsuit, do i have to be involved in it?

I have two children from a past bad relationship. Me and my children got away from this relationship in 2007. We started a new and better life and didnt have much to do with the decent. 2 years ago my childrens father died in his apartment from a fire. The mother of the decent filed a lawsuit.... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Nov 4, 2018

if you die wrongfully in Georgia, the surviving spouse of the deceased person has a right to file a claim for the wrongful death. If she recovers anything. she is required to share the recovery with the deceased's children. The children will get 2/3 of the recovery and the spouse will get 1/3 of... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Health Care Law and Wrongful Death for Georgia on
Q: I am trying to find Georgia law stating that a patient having suicidal ideation cannot be forced to be transported

What is the Georgia law about a person being suicidal. I have been told that we in Ems in Georgia cannot force a suicidal patient to be transported to hospital for evaluation.

David Edward Boyle
David Edward Boyle answered on Nov 2, 2018

A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.

2 Answers | Asked in Criminal Law, Personal Injury, Products Liability and Wrongful Death for Georgia on
Q: If the DA decides to take the Case of my Late Mom's and me; would I still need a Medical Malpractice Attorney?

My Mom suffered through year's of multiples Doctor's induced illnesses/injuries that resulted in her Death. She was systematically medically murdered. Motive Medical Exploitation for False Claims Act and Retaliations, and Doctors covering for doctors against my Elderly Mother, Minnie L Webster. Her... Read more »

David Edward Boyle
David Edward Boyle answered on Oct 25, 2018

You need a personal injury attorney to represent your mother's estate to sue the medical provider.

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2 Answers | Asked in Family Law and Wrongful Death for Georgia on
Q: Can A person on parole with a conviction of cruelty to children be allowed to be alone w/ a child?
Regina Irene Edwards
Regina Irene Edwards answered on Oct 7, 2018

Possibly. It depends on the circumstances. Every family law case is different.

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1 Answer | Asked in Wrongful Death for Georgia on
Q: I currently filed a wrongful death suit is the non custodial parent that's not legitimized entitled to any money?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 31, 2018

This is a very fact specific question. In some cases, the father can make a claim for the wrongful death of the child. It depends on the child's age at death and the noncustodial parent's involvement with the child.

1 Answer | Asked in Wrongful Death for Georgia on
Q: If a loved one was killed in a training accident while preparing to deploy, can I sue the army?

We are told he was killed when an M4 misfired which is a known army issue and proper procedures were not followed.

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

The troop's immediate family may have a claim; fiancee's, other relatives no. The claim is made by the estate.The possible defendant's would be the manufacturers. They are very difficult cases. You also have to give notice under the Federal Tort Claims Act. You/the family would want to contact a... Read more »

1 Answer | Asked in Wrongful Death for Georgia on
Q: Can a non custodial parent that has never legitimize a child file a wrongful death suit on the child?

I am the primary custodial parent. I was never married to the father. The father never legitimized our son. Can the father file a wrongful death lawsuit on our child or is he entitled to any of the settlement. He has never paid any child support.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 9, 2018

This is a very difficult question to answer. The best answer is that a judge should decide whether the father is entitled to any money. That protects you from an adverse situation if cut the father out and he later sues you and wins.

2 Answers | Asked in Business Law, Insurance Defense, Personal Injury and Wrongful Death for Georgia on
Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer

multiple myeloma cancer its consider as a occupational disease what type of lawyer to get to file a claim

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 19, 2018

You probably need a personal injury lawyer or a lawyer specializing in insurance law.

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1 Answer | Asked in Personal Injury and Wrongful Death for Georgia on
Q: Is my family's situation worth seeking a lawyer

My relative was hit by a train not at a crossing. This was after being involved in a car accident where he was disoriented officials report which made him walk along the train tracks.

Titus Thomas Nichols
Titus Thomas Nichols answered on Jul 3, 2018

Very often the incident report will have wrong information in it. You will need someone to address this inaccuracy otherwise the insurance company will use it against you.

It is VITAL that your family get in contact with an experienced attorney who can guide you through this difficult...
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1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Georgia on
Q: Our assets are in an LLP. Purchases require both signatures. If he buys outside of the LLP, can the LLP be held libel.

Husband has Parkinsons. He wants an RV, but I refused to cut a check from the LLP. He has managed to borrow on two credit cards that are in his name. This is outside of the LLP and without my endorsement. Is the LLP libel for any wrecks or nonpayments that he may incur?

Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

You need to consult the lawyer that drew up the llp (hopefully not drawn up by an online site), consult an elderlaw attorney. I'd also suggest a family therapist because just erecting walls won't help your relationship.

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