Wrongful Death Questions & Answers by State

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Wrongful Death Questions & Answers

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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Q: Attorney fees for a wrongful death suit

1 Answer | Asked in Wrongful Death for Texas on Feb 2, 2011

Answered on Jun 30, 2011

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Terrence Rubino's answer
some states, like indiana, have a provision for attorney fees in a wrongful death case. however most states do not and the fees and court costs come from the recovery usually as a percentage. you need to check with a lawyer in texas for the texas wrongful death law as it varies from state to state.

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Q: If my lawyer stoped on my wrongful death case in 2009 can it still be reopened?

1 Answer | Asked in Wrongful Death for Mississippi on Jun 22, 2011

Answered on Jun 30, 2011

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Terrence Rubino's answer
if the statute of limitations is 2 years in miss. and the suit was not dismissed, you should be able to file. you need to get a miss lawyer preferably in the county or nearby county of where the wrongful death occurred.

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Q: Whats the statue on wrongfull death suit in NJ

1 Answer | Asked in Wrongful Death for New Jersey on May 13, 2011

Answered on May 26, 2011

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Mark A. Siesel's answer
The statute of limitations on wrongful death in New Jersey is 2 years from the date of death.

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Q: What is a Hold Harmless Agreement? I have been asked to sign one in order to settle my survival/wrongful death claim.

1 Answer | Asked in Wrongful Death for California on Mar 13, 2011

Answered on May 26, 2011

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Mark A. Siesel's answer
A hold harmless agreement is essentially a document which establishes that whoever you are "holding harmless" (usually the defendant and his insurance company) you cannot sue in the future for any claims arising out of the same incident that caused the death. Whatever compensation you get now, that is all you will receive, as this is a final settlement and you agree to not pursue further legal action in the future.

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Q: Do i need Wrongful death lawyer?

1 Answer | Asked in Wrongful Death for Mississippi on Nov 21, 2010

Answered on Apr 9, 2011

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Burton A. Padove's answer
I am not licenses in Mississippi. However, wrongful death cases are very difficult and I would definately suggest that you lawyr up and hire one.

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