By statute, a discharged lawyer is entitled to reasonable compensation for the time expended, plus any out-of-pocket costs advanced in connection with the representation. Ordinarily, your new counsel works out the compensation with your old counsel. This can be however your new counsel is willing... View More

Depends in part on how strong the case is- but medical malpractice cases (particularly involving death) are typically a lot of work even if the case looks like a strong one. Some attorneys charge 33 1/3%. Plus, unless there is a very early settlement, expenses (particularly for expert witness... View More

This is a question where details would be important. I suggest that you talk with an attorney who handles wrongful death cases. Many offer free consultations.

Sorry for your loss.

No- the death could be caused purposefully. But if it was caused during the course of employment, by medical professionals, or by government employees, the case would have different procedures/standards.

Yes. But depending on how many claimants there are who qualify to be part of the wrongful death action, the person(s) pursuing the separate negligence claim may be better off filing separately.

Yes. Loss of companionship, emotional support, comfort, etc., are all compensable losses.

Any person within the class of persons permitted to file under the wrongful death statute. Basically, those persons are: the wife, husband, parent, and child of the deceased person. If there are none of those, then any person related by blood or marriage who was substantially dependent upon the... View More

Loss of consortium, companionship and support, including financial support and lost future lifetime earnings of the deceased, plus loss of services of the deceased.

If you are within the statutory degree of familial relationship to the person who died in an incident that was wrongfully/negligently caused by another, then you can sue. Even if any other person statutorily allowed to sue files a claim, all other living persons within the statutory class of... View More

You can’t file a wrongful death action, but you should retain counsel immediately to begin gathering and securing all the evidence and proof you will need. Claims like this need immediate attention to identify witnesses, lock in statements, preserve video evidence if any, etc.

You mean, the fetus is/will be the child of the person (the father?) who suffered the wrongful death? I would wait until the child is born, then file the suit on the child's behalf. If you mean the unborn fetus was the one who wrongfully died, then there would be other issues, and in... View More

It is each heir's option, but if all can agree to the percentage share of any recovery, then it would be more efficient for one lawyer to handle the entire claim, and may reduce costs and fees for all. However, if those entitled by statute to participate cannot agree or get along, then... View More

Yes, if the death was proximately caused by a negligent act or omission of the college, and the non-student was not illegally on the property. You provide no factual basis to make a determination.

A defendant may not defend a personal injury or wrongful death suit on the basis that the injured party was not wearing a seat belt, and failure to wear a seat belt is not evidence of contributory negligence or assumption of the risk. So, yes, absolutely the claim remains viable notwithstanding... View More

It depends. If the parties who brought the wrongful death suit did not provide for your interest in the final recovery in proportion to your loss, then the judgment can be vacated and reopened. You would likely have to bring an action before you turn 21. If, however, your legal guardian at the time... View More

You can, and should, sue every party in one lawsuit whose negligent or intentional acts or omissions caused the death of your loved one. This is a complex tort, and you should retain experienced counsel to prepare and properly pursue the action.

A wrongful death claim can only be made by a spouse, child, or parent of the victim. Damages may include their emotional anguish, loss of companionship, and loss of support, because the victim is no longer able to contribute to the household.

A survival action can only be brought by the... View More

I am very sorry for your loss. Your lawyer should be answering this question, and if you do not have a lawyer, please retain one, as these types of claims are complex. There is a separate claim known as a survival action that can only be filed by your late son's estate for specific types of... View More

Past earnings can be examined, whether someone earned a paycheck or instead earned income through self-employment. Future earnings often involve projections based on past earnings, qualifications, industry averages, projected increases and the like. In the context of litigation this may well... View More

No. The courts and parole board make those decisions and both are immune from suit unless the release was due to negligent error. Then you might be able to sue the state.