Georgia  |  Personal Injury

Legal Question

Asked on: 8/26/04, 12:41 pm

Wrongful Death--Appropriate Jurisdiction/Venue

My niece died as a result of a single car accident in Spalding county GA. My sister has an attorney, but the statute of limitations is about to run out and he has not discussed a suit with her (only the $10,000 she got from the driver's insurance company). I am encouraging her to file a pro-se suit in order to get it in the court system before she runs out of time. My sister lives in Cobb county. Should she file the suit in Cobb or Spalding? Which court (ie State, Superior) should she file in? If there are ''contributing parties'' to be named as co-defendants in other states does this affect her jurisdiction/venue? Any assistance you can provide is appreciated.

5 Answers


Answered on: 8/26/04, 12:55 pm by Allen Broughton

Re: Wrongful Death--Appropriate Jurisdiction/Venue

I would suggest she speak to another lawyer, as there are numerous issues she will need to address in filing suit properly. Please let me know if I can be of assistance.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Allen L. Broughton, P.C. 305 West Wieuca Road Atlanta, GA 30342

Other answers from this attorney

Answered on: 8/26/04, 12:57 pm by W James Moore

Re: Wrongful Death--Appropriate Jurisdiction/Venue

It is not possible to give you a proper response based upon your facts being too vague.

Please contact me for a free consultation as soon as possible.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


MOORE & HAWTHORNE, LLC 675 Seminole Avenue, Suite 212 Atlanta, GA 30307

Other answers from this attorney

Answered on: 8/26/04, 12:58 pm by David Glass

Re: Wrongful Death--Appropriate Jurisdiction/Venue

Your sister should be concerned about the statute of limitations. It is difficult to answer your questions about venue because the other parties you referenced would require some investigation. However, under the long-arm statute, she will need to file in the county where any in-state defendant resides or operates their business. You may suggest to her to find another attorney. Of course, I would be happy to discuss the matter if she would like to call my office.

Sincerely,

David H. Glass

(404) 529-9081


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Offices of David H. Glass, LLC P.O. Box 17970 Atlanta, GA 30316

Other answers from this attorney

Answered on: 8/26/04, 1:11 pm by Jim Hough

Re: Wrongful Death--Appropriate Jurisdiction/Venue

As you can see from the number of responses, every attorney who handles this type claim is very interested in speaking to you about it. While it is correct, in order to give a proper answer to your question more information is needed, it is also true that the suit to be filed, if against a Georgia resident, must be filed in the county of the Defendant's residence. If that is Spalding County, then that is where it must be filed. If the Defendant is not a Georgia resident, then there are other rules that apply, including the County in which the event occurred.

It shouldn't take long at all to put together an appropriate pleading in order to file and protect against the running of the statute of limitations. Even if a mistake is made in the choice of venue and jurisdiction, this can be changed upon the discovery of the correct information.

As all of my colleagues, I would be pleased to speak with your sister, on a free consultation basis, if she will call 770-607-5300.

Jim Hough


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Thomas J. Hough, Jr., P.C. P. O. Box 892 Cartersville, GA 30120-0892

Other answers from this attorney

Answered on: 8/26/04, 5:59 pm by Ronald Arthur Lowry

Re: Wrongful Death--Appropriate Jurisdiction/Venue

FIRST, PLEASE ACCEPT MY CONDOLANCES ON THE DEATH OF YOUR NIECE. ALSO I SUSPECT THAT GRIEF IS PLAYING A PART IN WHAT APPEARS TO BE LACK OF ACTION ON YOUR DAUGHTER'S PART. BUT SHE MUST FACE THINGS OR ELSE THOSE RESPONSIBLE WILL GET AWAY SCOTT FREE.YOU ARE QUITE RIGHT ABOUT YOUR CONCERN FOR THE STATUTE OF LIMITATIONS.MANY PEOPLE SIT ON THEIR RIGHTS TOO LONG AND ARE SORRY LATER. IN GA YOU MUST HAVE YOUR CASE FILED (OR SETTLED) WIHIN 2 YEARS OF THE EVENT OR ELSE THE CASE IS BARRED FOR ALL TIME. THE INDECISIVENESS OF THE ATTORNEY TO FILE SUIT IS A BAD SIGN. YOUR DAUGHTER SHOULD NOT HAVE TO FILE SUIT HERSELF--THAT'S WHY SHE HAS A LAWYER IN THE FIRST PLACE. ALSO FILING THE LAWSUIT HERSELF LEAVES THE DOOR OPEN TO PROCEDURAL MISTAKES.FOR A MATTER AS SERIOUS AS A DEATH CASE SHE ALSO NEEDS SOMEONE WHO KNOWS WHAT HE IS DOING.DEATH CASES ARE NOT EASY--AND THE INSURER FOR THE OTHER PARTY SURELY HAS ATTORNEYS ALREADY INVOLVED.IF THE ADVERSE DRIVER IS FROM OUT OF STATE THE PROPER VENUE FOR THE CASE IS SPALDING COUNTY--EITHER STATE COURT OR SUPERIOR COURT.IF THE ADVERSE DRIVER IS A RESIDENT OF GA THE LAWSUIT MUST BE FILED IN THE COUNTY OF HIS RESIDENCE.THIS CAN BE DETERMINED FROM THE ADDRESS ON THE POLICE REPORT. THE ARE MORE RULES TO APPLY IF A CORPORATION IS INVOLVED--EVEN MORE IF THE CORPORATION IS A TRUCKING COMPANY (OR OTHER COMMON CARRIER SUCH AS A BUS LINE ) SO THINGS CAN GET VERY COMPLICATED.MOVE QUICKLY TO SECURE COMPETENT LEGAL COUNSEL AND FILE SUIT ASAP. DO NOT TRY TO DO THIS PRO SE. IT WILL GET SCREWED UP EVERY TIME. RON LOWRY (770)427-8468


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Ronald Arthur Lowry P.O.Box 3005 Marietta, GA 30061

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search