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Pennsylvania Wrongful Death Questions & Answers
2 Answers | Asked in Workers' Compensation and Wrongful Death for Pennsylvania on
Q: My father died, who was a tunnel worker, from Black Lung Disease, can I file a lawsuit and if so against whom?
Peter N. Munsing
Peter N. Munsing answered on May 29, 2017

You may or may not have a case depending on when it happened, etc. Feel free to call me and I can give you names of attorneys that may be able to assist.

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Pennsylvania on
Q: Trade 2 baby guinea pigs for a baby rabbit!

I traded 2 healthy and he gave me one sick and he knew it. I spent 300. On him and he died because of his negligence . Should he reimburse me the money for thee vet bill?

Peter N. Munsing
Peter N. Munsing answered on May 23, 2017

It was a trade. He traded a sick animal. You took the sick animal. He should give you the value of your guinea pigs back.

2 Answers | Asked in Wrongful Death for Pennsylvania on
Q: How possible do you think it would be to change the statue of limitations in regards to Mesothelioma?

I lost my father in 2008 to lung/brain cancer. He was diagnosed in May and passed in August. He was due to retire in June. We have papers from his Oncologist stating the diagnosis of Mesothelioma as a result of working in a shipyard. My father worked at Wiley's Ship Yard in Port Deposit,... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 3, 2017

First, it may not be too late. Contact Ron Motley's law firm in South Carolina for starters--they give free consultations. But the problem is that once your dad was diagnosed with it the clock began ticking, and with all the TV ads about it it's a tough argument to make that no one knew... Read more »

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2 Answers | Asked in Personal Injury and Wrongful Death for Pennsylvania on
Q: must a nursing home notify the next of kin when a person dies?
T. Andrew Miller
T. Andrew Miller answered on Mar 17, 2017

Generally, these facilities have rules and procedures in place requiring notification of an incident like an injury or death. Failing to follow the rules the facility's set for itself can be proof of negligence in some cases.

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1 Answer | Asked in Wrongful Death for Pennsylvania on
Q: My brother died due to negligence from the prison. What can I do to fight this?

He asked to see a doctor because he was getting bruises and they didn't believe him they said he got into a fight so they put him in the hole. They saw it was getting worse so they sent him to the hospital where we found out he had leukemia . They released him off charges quick because they... Read more »

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

Contact the Pennsylvania Civil Liberties Union and ask for the names of their "cooperating attorneys" for prison issues. It will be a tough case because you will have to show that if he'd gotten attention he would have lived.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for Pennsylvania on
Q: My 17 year old daughter died of alcohol poisoning due to her boyfriend and his friend's negligence. In Lycoming County.

They were at her boyfriends friends Aunts home. I need help filing a claim and dont know where to start or what to file? We are Maryland residents as was my daughter however her death and the crimes occurred in PA. I was told I could file a claim against the home owners insurance of the residence... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 28, 2017

I am saddened to hear of your loss. These are tragic circumstances. There are many variables in this situation, jurisdiction being only one of many. I would urge you to promptly consult with an experienced personal injury attorney to review the facts in detail, and render an informed opinion for... Read more »

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2 Answers | Asked in Personal Injury and Wrongful Death for Pennsylvania on
Q: My mother is filing a claim on behalf of her deceased father. Her deceased sister had power of attorney. How does she?

My mother needs to show herself as Power of Attorney to file a claim on his behalf. This is with regards to Tronox Tort Claims Trust from Eastern Pennsylvania. How do I go about making her the Power of Attorney?

Mark Scoblionko
Mark Scoblionko answered on Feb 23, 2017

I suspect that you are confused. A Power of Attorney expires, as a matter of law, on the death of the person who gave it. Thus, the fact that the sister had a Power of Attorney is irrelevant because that Power of Attorney expired on the father's death. From what you are describing, I think... Read more »

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1 Answer | Asked in Car Accidents and Wrongful Death for Pennsylvania on
Q: Hey I got into a fatal car accident last year and I have relieved citations such as careless driving , unsafe lane

Change and driving at safe speed, but I haven't entered a plea since July but I don't know what to do. I don't have a lawyer so what would be the consequences if I plea guilty? Cause I just want to get this over with even though I'm not guilty for killing my friend in an accident

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2017

You want a lawyer because you may not fully understand the charges and you don't want to end up pleading to vehiclular homicide. At least get a consultation from an attorney.

1 Answer | Asked in Wrongful Death for Pennsylvania on
Q: Was beneficiary in moms will . The executor chose not to sue for moms wrongful death within 6 months of death.

Can I proceed with a wrongful death claim regarding my mom without having to reopen the estate ?

Peter N. Munsing
Peter N. Munsing answered on Feb 16, 2017

If there is a case an estate has to be opened or reopened. Why not consult a member of the Pennsylvania Association for Justice--we give free consultations so that you can review the details of your mom's passing to determine if it's actionable.

1 Answer | Asked in Wrongful Death for Pennsylvania on
Q: Can PA DHS take all of my wrongful death settlement from my mother's death if she owed them more the settlement amount

My lawyer for my wrongful death settlement didn't do a survival cause and a wrongful death cause just a survival cause I guess cause he says dhs is entitled to the money

Peter N. Munsing
Peter N. Munsing answered on Feb 16, 2017

Usually only half, and I find you can bargain with them. I don't see they can take all of it. Usually only for bills related to care caused by the injury.

1 Answer | Asked in Animal / Dog Law, Car Accidents, Wrongful Death and Small Claims for Pennsylvania on
Q: It is really a non-chargeable offense for a postal worker to drive over and kill my dog if my mailbox is on my property?

Every mailbox in the neighborhood is attached the house. I have lived there for 3 years without incident or warning about my dog-only that drivers uncomfortable with my dog chasing will skip my house (and I have been FINE with this). This new driver gunned it without caution or common sense as I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 30, 2016

News I'm sure to the Justice Department. It is not a Federal Agency, but it is a Federal Commission. Your post mistress needs to understand who pays her paycheck. Suggest you contact your congressperson and US senators. Your claim is for the damage to your property, if any. Unfortunately your... Read more »

1 Answer | Asked in Wrongful Death for Pennsylvania on
Q: can I file a wrongful death case even though I am only the granddaughter and not in the will.... and settlement happens?
Mark Scoblionko
Mark Scoblionko answered on Nov 20, 2015

Your question does not really make sense, and you need to consult a lawyer. However, (1) If there was a settlement of the involved claims, the matter is over; (2) There are two components to a death action-(a) wrongful death, and (b) survival action. In order to file a death action an estate... Read more »

1 Answer | Asked in Wrongful Death for Pennsylvania on
Q: What does a renunciation form mean
Mark Scoblionko
Mark Scoblionko answered on Feb 18, 2014

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... Read more »

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