Legal Question in Personal Injury in Georgia

my daughter died due to head trauma from being hit by a car while walking. She left behind a duaghter, son and husband. Due to domestic violence charges against the husband, my wife and I have legal custody of children. My daughter had no estate or will when she passed. The driver of the car can not be found and the insurance provided by the driver have not heard of the driver. Is there any recourse that I could pursue that would provide for the children?

Thank you for your time

Asked on 9/30/15, 4:29 pm

3 Answers from Attorneys

Michael Weinstein The Weinstein Firm, LLC.

Sir I can help. Call me now! 404-459-0000

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Answered on 9/30/15, 4:46 pm
David Burns David H. Burns, P. A.

You should consult with an experienced wrongful death attorney right away to ensure that all applicable time limits are complied with.

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Answered on 10/01/15, 10:18 am
Roger Krause Krause & Witcher

I am very sorry to learn about the loss.

There are a number of possible avenues of recovery, some including: (1) contacting Georgia Crime Victims Compensation Program and filing a claim (you can google it and make the claim yourself); (2) making a recovery against any insurance that your daughter/the children's mother may have had, including (i) the underinsurance motorist coverage and (ii) any homeowners coverage; (iii) life insurance via work or privately held; (3) making claims against the, as of now, unknown driver; (4) making claims against the city, county, state, if possible; (5) others (which are as of now, unknown).

Some of these you can do on your own, other steps will likely require an experienced attorney. Given that you might have a UM claim, I would suggest filing a "John Doe" lawsuit, which would allow you to issue subpoenas and take depositions to investigate the other possible claims.

I have written a book on wrongful death actions, titled Fighting Back, and for you, we will send it free of charge. Please contact my office and request a copy.

Again, I am sorry for your loss.

Roger Krause, Esq.


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Answered on 10/02/15, 6:14 am

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