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Louisiana Wrongful Death Questions & Answers
1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Q: Should a person that is subpoenaed in a malpractice suit be forced to testify if they do not wish to?
Douglas Lee Bryan
Douglas Lee Bryan
answered on May 16, 2018

The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.

1 Answer | Asked in Wrongful Death for Louisiana on
Q: If my lawyer didnt turn in my release form for the release of my money does that affect the 60 day hold
Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 4, 2018

I don't understand your question. But if you have an attorney, I would suggest that you address the question to him.

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: I was on a line boat fire....I lost a close friend and coworker I'm suffer ptsd greatly. I don't know if I should sue..
Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

If it was on the job you get comp. If not you can make a claim for your injuries if someone's carelessness caused the fire. You should contact a member of the La. Trial Lawyers Assn who handles workers comp and other cases--they give free consults.

1 Answer | Asked in Wrongful Death and Criminal Law for Louisiana on
Q: Is there a "statue of limitations" for negligence homicide in the state of Louisiana? new evidence has just been found.

A possible negligence could have committed back in the Spring of 2005.

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

There's manslaugher. But as to a civil case, that sttute of limitations has long gone, and it's up to the DA whether to bring a "cold case."

1 Answer | Asked in Wrongful Death for Louisiana on
Q: In the state of Louisiana can student loans take your wrongful death settlement money?

I have recently settled on a wrongful death case of my son. Over the last year I have let my loans go into default. Will they take my settlement money because of this?

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

There are ways you can try to make this unlikely, but it's money you have and they can execute on this. There are defenses to student loans. First, is the person holding the loan the same as the original lender? If not they have to show that they have an assignment. Contact a member of NACA... View More

1 Answer | Asked in Wrongful Death for Louisiana on
Q: My ex-husband recently died as the result of a doctor's negligence. I am receiving a widow's pension through his

Social security. My children filed a wrongful death lawsuit. Since I am getting his social security, am I entitled to be a party in the wrongful death lawsuit?

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

You would not be as you were not married to him at the time of death. The children may make the claim because they had a blood relationship.For your peace of mind contact a member of the La. Assn for Justice --they can explain it to you.

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on
Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released
Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.

1 Answer | Asked in Wrongful Death for Louisiana on
Q: My ex husband passed away due to a doctor's negligence. I am receiving Widow's pension through his social security. My

Adult children filed a wrongful death lawsuit. Am I entitled to be a party in the case since I am his last wife that's not married?

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

You say "ex." If divorced the answer is no. If still technically married, you may but it may be undercut by the fact that you were at least informally an "ex."

2 Answers | Asked in Family Law, Civil Rights, Probate and Wrongful Death for Louisiana on
Q: If a person signs affidavit claiming that the Will before him is the descent handwriting bc he has seen it beforehand

What will be the penalty, if any, if the Will is to be fraudulent n forgery, unbeknownst to t he signer of the affidavit?

Kenneth V Zichi
Kenneth V Zichi
answered on May 11, 2017

There is not a penalty for being WRONG, there is a penalty for KNOWINGLY misrepresenting or lying. If the affiant HONESTLY believed the handwriting was the same then there isn't a problem even if the handwriting is later proven to be faked. The 'trick' here is proof. Does the... View More

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1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: my father is deceased and he has a lawsuit with a lawyer in Texas against Sherwin Alumina Co. In Ingleside Tx. we are

trying to locate is attorney and the judgement. How do I retrieve this information.

The Lawyer is located in Dallas Texas

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Go to the courthouse. Find the estate. Look at the filings. that should tell you.

1 Answer | Asked in Wrongful Death for Louisiana on
Q: If a judge ordered payment to the wife of deceased husband in a wrongful death lawsuit and child support enforcement

Calls after the judges decision doesn't the judges ruling override child support?

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2016

Not necessarily. The child support order would have to be modified based on the Judge's ruling, unless the Judge specifically included it. I assume that you have a lawyer who represented you in the case--you need to discuss this with them.

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