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Georgia Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: What is a blind plea?

Indictment reduced from felony murder to involuntary manslaughter.

Glenn T. Stern
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answered on Nov 3, 2023

A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make... View More

1 Answer | Asked in Wrongful Death for Georgia on
Q: can my stepmother be held reliable for not giving my father the medication "blood thinners" that prescribed to him?

My daddy was preparing to have surgy when my stepmother quit giving him his medication without asking the doctor weeks before his surgery then daddy died from a blood clot during surgery. My stepmother gained a lot from his death plus 675,000 in life insurance.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Aug 5, 2023

First off, I'm sure that I speak for everyone when I say that I'm sorry for your loss. The death of a parent is a difficult thing, even without the possibility that another loved one may have caused it. That said, you have asked a complex question that is masquerading as a simple one. The... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Is this a medical malpractice case?

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... View More

Kimberly Grant
Kimberly Grant
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...
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1 Answer | Asked in Criminal Law, Federal Crimes, Libel & Slander and Wrongful Death for Georgia on
Q: would it be suspicious if I was notified 40 minutes before time of death on the death certificate

the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son.

Tristan Blain Morrison
Tristan Blain Morrison
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... View More

1 Answer | Asked in Personal Injury, Probate and Wrongful Death for Georgia on
Q: My daughter was killed in a car accident and I've been totally left out of the complete situation can I sue also

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

Seth Meyerson
Seth Meyerson
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...
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2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

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... View More

Michael Richard Moebes
Michael Richard Moebes
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.

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2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

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... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
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... View More

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1 Answer | Asked in Health Care Law, Wrongful Death and Medical Malpractice for Georgia on
Q: Dad died at hospital, I feel there was negligence. Is this is a case?

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... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 5, 2023

This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Georgia on
Q: What happens to my recently deceased husbands part of an inheritance left to him in his moms will when she passes away?

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... View More

Seth Meyerson
Seth Meyerson
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.

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Georgia on
Q: I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death.

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... View More

Kimberly Grant
Kimberly Grant
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...
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1 Answer | Asked in Wrongful Death for Georgia on
Q: Is suing for wrongful death the same as suing for negligence?

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!

Tim Akpinar
Tim Akpinar
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... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for Georgia on
Q: Can phone conversations from a deceased person and the person being sued be used in a civil suit case?

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... View More

Zachary Taylor Beck
Zachary Taylor Beck
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... View More

1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: If my car get hit from behind and a passenger of my car dies can I be charged with anything

My car broke down in the road and my passengers and I got hit and 1 died

Michael W. Horst
Michael W. Horst
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... View More

1 Answer | Asked in Wrongful Death for Georgia on
Q: My mother was killed by cartersville medical center on June 15, 2018. They gave her to much potassium. How can I sue.

This is wrongful death, they caused her cardiac arrest.

Nelson Craig Johnson
Nelson Craig Johnson
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... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Georgia on
Q: Is Faking Your Own Death a Crime? And what charges can you get?
Tim Akpinar
Tim Akpinar
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... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: can a witness also watch and listen to trial as it takes place

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.

Christine King
Christine King
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...
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2 Answers | Asked in Wrongful Death for Georgia on
Q: Troup county sheriff's department went out there with me to get his stuff as long as I had my marriage license I have .

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.

Christine King
Christine King
answered on Mar 23, 2021

Good afternoon. Could you please clarify what the issue is? Thank you in advance.

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3 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: If a country jail releases someone that is a illegal and they commit murdered my mother the next day can I sue them

It was my mother who was murder

Regina Irene Edwards
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Regina Irene Edwards
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.

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1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: What would a aggravated assault charge be in Ga.Daughter protecting sister from husband and hit him and he filed charges
Seth Meyerson
Seth Meyerson
answered on Oct 18, 2020

The daughter might have a justification defense to charges.

2 Answers | Asked in Wrongful Death for Georgia on
Q: When a settlement is reached in wrongful death case in Georgia, what is the protocol for allocating funds fairly?

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... View More

Michael W. Horst
Michael W. Horst
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... View More

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