IF SOMEONE DIES IN AN Accident IN 2004,Can You Still File A Lawsuit?
BACK IN JUNE OF 2004, MY WIFE DIED IN A HORRIBLE CAR ACCIDENTIN GA. A TREE FELL IN FRONT OF THE CAR CAUSING IT TO FLIP 15 TIMES.THE FELL FROM LAND OWNED BY THE STATE.I WAS NEVER INFORMED ON WHAT HAPPENED,ONLY HER FAMILY TOLD WHAT HAPPENED. I NEVER GOT A DEATH CERTIFACTED OR ANY NOTICE FROM THE STATE OF GA IF HER CASE HAD BEEN CLOSED.PLEASE SOMEONE,ANYONE, CAN YOU HELP ME UNDERSTAND WHAT SHOULD I DO.ITS 2007,AND I HAVEN'T GOT NOTHING.HELP!!!THANKS.
Answers:
You have my sincerest condolences with your loss!
To answer your question...I feel strongly that you may not have a suit, although in todays courts, you see many sueing for about any and everything. An attorney can guide you much better on this part of this issue.
There are two thoughts that come to mind:
1) The tree falling would be considered an "Act of God" and not a liability upon any specific person or group.
2) Often times there are laws that protect the government from lawsuits in this type of unfortunate circumstance.
Certified copies of vital records may be obtained from the state vital records office (all counties), or the county where the vital event occurred. Each county and the state office has a public walk in service; however, county offices may be closed some days of the week or hours during the day. The state office public walk in counter is open from 8 a.m. to 4:45 p.m.
The person requesting a certified copy of a death record must provide the following information and a signed request:
Full name of deceased,
Date of death (month, day, year),
Place of death (city, county),
Age of deceased at death,
Sex,
Race (optional),
The number of copies requested.
Relationship to deceased.
Georgia law requires that payment must be received before a record or a service can be provided. Prepayment of the fee is necessary at the time the service is requested and fees are not refundable. Records are sent first class mail.
Mail your request to:
Vital Records
2600 Skyland Drive NE
Atlanta, GA 30319-3640
or telephone:
(404) 679-4702
talk to a personally injury lawyer the first conversation will be free, to see if you have a case, but in general in order to sue the state you must certify a claim within a specific time frame far different then the statute of limitations against non state defendants
consult with a lawer to find out what the statute of limitations laws are in your area. most are two years but under certain curcumstances it could be extended.
In my state it would be too late. The statute of limitations here is 3 years on something like that, so you would have missed it by about 2 months. But it's different everywhere, so you need to ask an attorney in the state where she died, as that is where any suit would have to be filed. And I'm sorry for your loss.
Unfortunately, I'm not sure of what length of time you have to file in.
One of the questions that they will ask you is why you waited so long before filing for the court case. Make sure you have an answer for that.
You should call a lawyer immediately. Not "soon", not "tomorrow", not even "later this afternoon".
It's possible that you never had a case to begin with. There may be "governmental immunity" if the accident was between a state-owned tree and a single car.
It's possible that the statute of limitations on the type of case you might have had is two years or less. It's possible that it's three years, but this was in early 2004 so you're over the time.
One thing is certain, IF you have a case, the clock is ticking.
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