Wrongful Death Questions & Answers by State

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Wrongful Death Questions & Answers

Q: I'm married and have a 5yr old ,8 yr old ,my husband died while incarcerated . He was in his late 20s,this happend right

1 Answer | Asked in Wrongful Death for Florida on Feb 25, 2015

Answered on Feb 27, 2015

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Robert Jason De Groot's answer
The first thing you should do is go to social security and see if you can apply for benefits for the children. The second thing to do is to go see a wrongful death attorney.

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Q: What rights in case are given away when being represented in case?

1 Answer | Asked in Wrongful Death for Florida on Oct 24, 2013

Answered on Dec 26, 2014

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Robert Jason De Groot's answer
I do not understand this question and have no facts to even make an assumption.

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Q: While I was in prison in Florida my mom died from overdose of methadone, xanax, & ambein ALL prescribed from same Dr ?

1 Answer | Asked in Wrongful Death for Florida on Aug 19, 2014

Answered on Dec 22, 2014

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Robert Jason De Groot's answer
And you are just looking for an answer? You would need to actually go see a medical malpractice attorney about this.

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Q: What is the amount of time till you can file wrongful death in virginia?

2 Answers | Asked in Wrongful Death for Virginia on Sep 2, 2014

Answered on Dec 15, 2014

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Thomas H. Roberts Esq's answer
When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person. (Va. § 8.01-50, 8.01-244).

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.

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Q: What does a renunciation form mean

1 Answer | Asked in Wrongful Death for Pennsylvania on Jan 23, 2011

Answered on Feb 18, 2014

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Mark Scoblionko's answer
There can be various types of "renunciation forms." Such a form is used to demonstrate that a person is giving up rights to do something. For example, if an estate had to be opened and there were multiple people who could qualify to become administrators or executors of an estate, but it was decided that less than all people would actually serve, a renunciation form would be required from the people who did not wish to serve, indicating that they are giving up their right to serve, before the...

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Q: Is there a statute of limitations on wrongful death or liable when the incident occured in a hosptial?

1 Answer | Asked in Wrongful Death for West Virginia on Feb 12, 2013

Answered on Apr 11, 2013

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William S. Adams' answer
Yes, our WV injury law firm handles wrongful death claims. In West Virginia, the statute of limitations for a wrongful death action is 2 years, from the date of death, per WV Code Section §55-7-6.

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Q: My bro was killed by fresno p d. He was shoot 5 times in the back. Corroner said it was homicide. Does my family have a ca

1 Answer | Asked in Wrongful Death for California on Dec 5, 2011

Answered on Dec 13, 2011

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Terrence Rubino's answer
maybe. your parents would need to contact a reputable california attorney. most consultations are free. i am sorry for the grief your family has. sometimes there aren't real good answers for why bad things happen. there may not be a valid case but a california lawyer will be best equipped to answer the question.

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Q: Can an 18 year old retain an attoney in Alabama?

1 Answer | Asked in Wrongful Death for Alabama on Nov 14, 2011

Answered on Nov 15, 2011

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Terrence Rubino's answer
yes. if it is for a wrongful death case that happened in alabama you need to conatact an alabama lawyer. i have worked on cases with charlie crowder and lea watson and they are two of the finest lawyers i have had the priviledge of knowing. good luck and roll tide!

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Q: How can my husband be named in a lawsuit against the company he works for over and accidental death?

1 Answer | Asked in Wrongful Death for Alabama on Sep 14, 2011

Answered on Nov 8, 2011

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Terrence Rubino's answer
stop fretting! it sounds like the company and your husband, as its employee/agent, are being sued in civil court for money damages. the company and or its insurance compnay will be responsible for any monetary damages. it doesn't even remotely sound like a crimianl case which is a different animal all together and brought by a prosecutor. your husband will not go to jail and will not be a felon because of a civil suit. as his spouse, simply be supportive as he is probably concerned over...

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Q: Does a hospital lien attach to a wrongful death settlement in Mississippi

1 Answer | Asked in Wrongful Death for Mississippi on Oct 12, 2011

Answered on Nov 8, 2011

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Terrence Rubino's answer
i don't practice in miss. but if the bills are for the decedent, the hospital lien probably attaches. the lawyer handling the case would be in the best position to answer this.

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Q: Is their a statue of liminatation to file a wrongful death case if a decease spouse died in jail by hand of the county?

1 Answer | Asked in Wrongful Death for Florida on Aug 11, 2011

Answered on Aug 16, 2011

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Terrence Rubino's answer
yes. there will be a statute of limitations and probably a shorter time limit for a claim against a governmental agency. you need to contact a florida lawyer right away. most initial consultations a free and most injury lawyers work on a contingent %. DO NOT DELAY.

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Q: What are the elements of damage in a New York wrongful death case?

1 Answer | Asked in Wrongful Death for New York on Jul 27, 2011

Answered on Jul 27, 2011

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Mark A. Siesel's answer
In a wrongful death case in New York, the family members of the deceased can sue for pecuniary loss, or the loss of the financial contributions that the deceased was contributing by way of salary, pension, future earnings potential and benefits. Additionally, there can be a claim for loss of parental guidance by a child for the loss of his or her parent. However, New York law does not permit damages to be awarded for the emotional and psychological damage from losing a family member, and the...

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Q: My uncle died as the result of malpractice by one of his physicians. How long do we have to sue for his death?

1 Answer | Asked in Wrongful Death for New York on Jul 23, 2011

Answered on Jul 23, 2011

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Mark A. Siesel's answer
The statute of limitations on a wrongful death case in New York is 2 years. Usually a case like this would be brought either by your aunt if she is still alive, and if not, by one of his children, assuming he had children.

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Q: What is the statute of limitations in a wrongful death case?

1 Answer | Asked in Wrongful Death for New York on Jul 23, 2011

Answered on Jul 23, 2011

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Mark A. Siesel's answer
The statute of limitations in a wrongful death case is 2 years.

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Q: Could a wrongful death case be filed against Casey Anthony? If so, who would be eligible to file the suit?

1 Answer | Asked in Wrongful Death for Florida on Jul 9, 2011

Answered on Jul 11, 2011

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Terrence Rubino's answer
Assuming florida wrongful death law is similar to indiana and illinois, it would be the parent of the child that has the wrongful death action against the perpetrator. similar to the OJ case when the parents of ron goldman sued OJ and won a large verdict. i dont know all of the background but theoretically the father of the child may have standing. one needs to look at florida law though to see if there is some sort of spousal immunity. however your question is very insightful because the...

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Q: Does the Claims Commissioner of the State of Tennessee have the right to ask a claimant "Who is preparing legal document

1 Answer | Asked in Wrongful Death for Tennessee on Jul 6, 2011

Answered on Jul 7, 2011

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Christopher Gilreath's answer
The first thing to keep in mind is that the attorney general does not represent you, and are not in a position to give you legal advice. If your mother requests your help, you are certainly within your rights to assist her with understanding and completing legal documents. In Tennessee, a person can serve as a power of attorney, also sometimes called "attorney in fact". The person giving you power of attorney must be considered competent to make their own decisions, for the appointment to be...

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Q: What should I do?

1 Answer | Asked in Wrongful Death for California on Jan 5, 2011

Answered on Jul 7, 2011

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Burton A. Padove's answer
Please accpet my condolences, I suggest that you contact a California attorney to obtain and review the medical records to determine whether the delay caused your husband's death.

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Q: Looking for malpractice, wrongful death of my husband?

1 Answer | Asked in Wrongful Death for California on Jul 6, 2011

Answered on Jul 7, 2011

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Burton A. Padove's answer
I am sorry for your loss. I suggest that you perform an internet search for malpractice/worngful death attorneys in California. You can also look in the yellow pages or contact your local bar association for a referral.

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