If her death can be attributed to the injuries she received in the crash then your brother could have problems. However, if he was prosecuted for the crash they cannot come back after him.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Your question is a bit unclear. When you say the case was closed and you paid for injuries, damages and everything else, what does that mean? Was there already a prosecution for the accident? If so, the state is not going to be able to come back and create a new case for the same collision.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
If she died as a result of injuries from the accident, he could be charge.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
Get a lawyer in GA. if there is a link between the death and the MVI you would have a wrongful death claim. See a qualified lawyer in GA at once.
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Your post lacks information we need.
Was he previously charged with any traffic offense? Was that prosecuted already or is it pending?
Were you sued for damages?
Did he have insurance?
What did he do to cause the accident?
Far more details are needed.
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If your brother was already prosecuted and fined for a traffic ticket related to the collision then he cannot be prosecuted again for vehicular homicide as this would constiute double jeopardy. But if not then he can be prosecuted for causing her death. Your brother should consult a criminal defense attorney as soon as possible. My partner, Noah Pines, is a very well respected criminal defense attorney here in Georgia. You can call him at 404 812 4300 to schedule a free consultation with him.
Many states today have statutes that permit the revival of an action that was pending when a party died. In the usual course, an executor or administrator is substituted for the deceased party and the lawsuit continues. A lawsuit may not be revived unless the underlying cause of action continues to have a legal existence after the party’s death. Revival statutes vary from state to state, but today most lawsuits do not abate due to the death of the party.
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