Georgia Wrongful Death Legal Questions

I am sorry your mother passed away.  However, if she owned anything you will need probate her will.  You are required to file the will with the probate court in the county your mother lived in regardless of whether you file it for probate. You should retain an attorney experienced in assisting with estates to help you.... Read Answer

If you do not have a lawyer already, you should immediately get a consultation.  The trucking companies and truck drivers have a way of getting rid of evidence that you will need to support your case down the road, such as the driver's qualification file, pre trip inspection reports, and the driver's logs.  At a minimum, send them a certified letter advising them of the potential of litigation so they will eb faced with consequences if they get rid of evidence.  If you need a copy of a letter to send, give our firm a call.    James         ... Read Answer

Your question does not include enough facts to give you specific advice.  However, the survivors of a murder victim would normally have a wrongful death claim against the perpetrator.  In some circumstances, they may have a claim against other individuals or entities as well.  For example, if an employer maintains an unsafe work environment, it may be responsible if an employee is killed or injured.  Or, if a landlord fails to provide proper security lighting or locking mechanisms, it may be liable for the injury or death of a tenant.  Often, liablity insurance will not cover intentional acts of wrongdoing, so whether insurance would be available depends on the facts and circumstances surrounding the incident.  Any time a person is injured or killed due to the negligence or intentional act of another, the first step is to consult with a qualified and experienced attorney.  Most good attorneys offer a free consultation to discuss the claim.  I recommend that you arrange for a consultation right away.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH PERSONAL INJURY/WRONGFUL DEATH CLAIMS, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read Answer

You probably will not have to administer the estate to finalize a settlement, unless the insurer insists upon it. However, it is NEVER a good idea to settle a serious injury or death claim without getting advice from an experienced and qualified attorney.  The insurance adjuster may seem genuinely concerned, but his or her job is to pay as little as possible to resolve the claim.  I strongly advise you to consult with a good attorney NOW. Also, there are time limits for filing a lawsuit to recover compensation for any injury or death.  Your attorney will make sure that your rights are protected.   MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH INJURY AND ACCIDENT CLAIMS, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070. Note:  No attorney-client relationship is created by this answer.  This response is for general information purposes only.  Always consult directly with an attorney before taking any legal action.... Read Answer

Workers compensation and personal injury/wrongful death cases can get very complex.  It is definitely not a discussion that can be answered in one email.  You are entitled to get a second opinion from another lawyer if you are not satisfied with your lawyer's performance or communication.  I would recommend doing this.  What area of Georgia did this happen in?... Read Answer

The success of a lawsuit in your situation would depend on many different factors surrounding your son's treatment.  A good place to start would be to document everything and make a timeline of events so a lawyer can look over things to give you a more in-depth opinion.  There have been similar cases filed after people in custody have committed suicide.  ... Read Answer

Six months is not allot of time to work up a file prior to instituting a lawsuit. Pre-suit workup of a file is essential to successful litigation in these cases. Read the article below to get a better sense of why this is so. It applies to medical malpractice cases, but the concepts translate over to nursing home negligence cases as well.  Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

JOHN BISNAR  First, on behalf of all the personal injury attorneys across this great country of ours who are doing their best for their clients every day, let me apologize to you and your family for the apparent failure of your attorney to handle your family's matter promptly and properly. In my opinion there can be no acceptable excuse for not telling your family the truth about the statues of the Medicare issue or waiting so long to provide Medicare the required information.  It does take months for Medicare to respond once the required information is provided to them.  However, at this point it isn't a Medicare issue.  At best it appears to be a negligence issue on behalf of your attorney.  It could be worse. My suggestion is that you first contact the State Bar of Georgia and file a complaint against your attorney.  The State Bar polices attorneys.  It is likely to do an investigation and discipline the attorney if there is wrongdoing.  You can find the State Bar at http://www.gabar.org/contact_the_bar/. Next, I suggest that you consult with a local highly respected personal injury law firm regarding them taking over your case.  If another law firm takes over your case, your former attorney may have to forfeit all or part of the fee he charged you (because he didn't complete the work).  Your new law firm can then get the appropriate paper work to Medicare and get your case wrapped up. An alternative would be to tell your present attorney you are going to take this matter to another attorney if he doesn't release all remaining funds and file the Medicare documents immediately.  And if Medicare wants reimbursement, he is to pay it out of his pocket as a penalty for not properly and promptly handling your case. Good luck to you.  And again, my apology for what you and your family have been through. John Bisnar Bisnar|Chase, Personal Injury Attorneys Trusted Professionals, Proven Results www.Orange-County-Lawyers.com 800-956-0123  ... Read Answer

I want to first express my condolences to your family for the loss of your mother. Based on information in your question, you should gather your mother's medical records and consult a Georgia attorney to review the records. Claims of this nature are very facts sensitive. The statute of limitations is 2 years from the date of death.Please realize this answer is limited to the information provided and you should not take this advice as creating an attorney-client relationship.... Read Answer