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Questions Answered by Peter N. Munsing

1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on

Q: Where is the rhetorical tool Pathos found or used in the case of Berghuis vs Thompkins?

Peter N. Munsing answered on May 23, 2019

Sounds like an assignment. The Assignment should be done by the assignee, not by others.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Nevada on

Q: How do I file civil action against my neighbor whose dog attacked my dog? My dog had to be euthanized.

My dog was on his leash. The dog that attacked him was in his home,but he got out because the front door was open.

Peter N. Munsing answered on May 23, 2019

In most states the most you can get for the death of a dog is the "market value" of the dog. You may be able to get negligent infliction of emotional distress--suggest you contact a member of the Nv assn for Justice in the county where this happened--they give free consults.

1 Answer | Asked in Wrongful Death for Maryland on

Q: What’s going to happen if you stole for the mail ?

About 753

Peter N. Munsing answered on May 23, 2019

federal postal violations and state criminal violations are both likely.

1 Answer | Asked in Wrongful Death on

Q: In What jurisdiction in a wrongful death lawsuit does the hearing take place and notice to heirs run in the local paper

In the state of Ms.

Peter N. Munsing answered on May 23, 2019

The suit takes place in the state where the actions that caused the death happened. Suggest you look for the county where the decedent lived at the time of death. That will have the Estate of ____________, the decedent. That will tell you who was notified, the lawyer handling the claim, the lawyer... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Products Liability and Wrongful Death for Arizona on

Q: When States sue drug companies, do they make money from it.

My son was in the Army and got hurt and had to have his whole left hip replaced. Because he was on so many pain meds he lost his life. Can I receive money from these law suits and from all the pain of losing my son and what he had do indure. Gary Phillips flyboyof3@yahoo.com

Peter N. Munsing answered on May 23, 2019

First please ask Justia to take down your email address. You'll get all types of unwanted attention.

Second, as to your question, you need to contact the person at the Attorney General's office to see if they are filing on behalf of the state or on behalf of people in your son's situation,...
Read more »

1 Answer | Asked in Legal Malpractice and Wrongful Death for California on

Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from

Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.

Peter N. Munsing answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

1 Answer | Asked in Public Benefits for Arizona on

Q: If a party is working for a state agency can they still get state assistance

Peter N. Munsing answered on May 23, 2019

Usually most state jobs would pay enough to make them ineligible but if working part time they might be eligible for certain programs like food stamps etc depending on family circumstances.

1 Answer | Asked in Public Benefits for Tennessee on

Q: I was just denied after my hearing should I keep fighting or start over

Peter N. Munsing answered on May 23, 2019

Consult your local Legal Services Legal Aid. Usually it's worth an appeal but I'm not seeing any details and it's best you get with legal services.

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Georgia on

Q: how do I be a part of the senate in the state of Georgia in 2019?

I am a 29 year civilian ga resident in the state of ga.

I will be 30 years old in the next two months in August. What do I have to do? I have been a local resident in the city of Decatur for 10 years.

Peter N. Munsing answered on May 23, 2019

in most states you petition to get on the ballot. Contact the Ga.Secretary of State's office. Good luck!

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Gov & Administrative Law for New York on

Q: Having issue with speeding in my neighborhood. No sidewalks. Kids ride bikes in road and local residents speed past kid.

Wondering of rights as resident. Called town and being told keep kids out of road. Not addressing the law breaking of residents. Put slow down structure at foot of driveway. What else can I do to stop a child from being killed. What are the children's rights.

Peter N. Munsing answered on May 23, 2019

Petition the local city council or whatever form of government you have for placement of a speed limit sign etc. However kids should not be riding bikes on roadways unless they are fully competent, have helmets on etc. We lived on a road like that and that's one of the reasons we moved--no way... Read more »

1 Answer | Asked in Personal Injury for Georgia on

Q: I was detained for driving without a license . I was driving because my friend was tired ,what should I plead ?

I have court in a few weeks and just need to know if I can go to jail for this . I live in GA

Peter N. Munsing answered on May 23, 2019

If you have a licence plead not guilty. You can try bringing your friend, pleading not guilty because of emergency circumstances, but as your friend could have pulled over for a nap, a court may not buy it. Generally no jail time at all--it's a non-criminal traffic case. You say you were... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for West Virginia on

Q: i sustained multiple cruel and unusual punishments while in north central region jail in wv .may i sue for this?

pictures and grievances filed for an attorney to see. can someone help me?

Peter N. Munsing answered on May 23, 2019

Contact the WVa Civil Liberties Union, ask for names of "cooperating attorneys" who handle prison litigation. They usually give free consults and can tell you if you have a case.

1 Answer | Asked in Landlord - Tenant and Personal Injury for New York on

Q: I need to know how to fight my landlord. for personal injury and bad living condition

she has yet to fix my staircase which I fell down and have paperwork showing it caused a concussion and shoulder injury. I now deal with a traumatic brain injury which built up to much fluid and I'm on medication for the migraines. I also have a leak in my roof that is causing the ceiling to sag in... Read more »

Peter N. Munsing answered on May 23, 2019

Contact a member of the NYState Trial Lawyers Assn --they give free consults.

1 Answer | Asked in Car Accidents and Personal Injury for Illinois on

Q: my son-in-law caused accident ystdy & a girl who driver was injured. he doesn't know what to do. his ins had expired/

My daughter's bf was getting onto exit and veered back onto the expressway and cut off an suv and the suv lost control and rolled over several times. the driver was injured. his insurance had expired. they let him go with 2 citations and a court date. he is only working part time. he and my... Read more »

Peter N. Munsing answered on May 23, 2019

Was it his vehicle? if not and the vehicle had insurance that would cover him. He can contact legal aid but chances are they won't handle a case like that as it's not a criminal case. Ultimately, if he's sued, bankruptcy may be his best option.

1 Answer | Asked in Animal / Dog Law for Pennsylvania on

Q: My handicapped dog is an escape artist. Dog warden is filling charges against me.

He had done this 3 times in last year. She says it is more egregious because he is handicapped. What can I do? This is in PA not NJ. Don't know why it sent that location.

Peter N. Munsing answered on May 23, 2019

Who is handicapped the dog? Whether handicapped or not, it is up to you to make sure Houdini the dog can't get out. He gets out, you get cited. If you can explain why it isn't your fault you can plead not guilty but chances are it'll be on you.

1 Answer | Asked in Wrongful Death for Pennsylvania on

Q: How do I find details of my fathers wrongful death suit in PA from 8 years ago?

Would it be filied in county he lived or county the accident happened? I'm having extreme difficulty finding it. I do not talk to his wife which is the one that filied it. I do know she filied one because my sister and I were going to file but she already had. I just want to see the details of it... Read more »

Peter N. Munsing answered on May 23, 2019

It could be filed either county. Check both. Start with the county where he lived at date of death. they will have an estate opened for purposes of litigation. That will have information on the court case, and an "order of distribution." That says whether someone claimed you and your sister would... Read more »

1 Answer | Asked in Civil Litigation for Pennsylvania on

Q: Is it too late to sue tobacco companies in Florida

my father and grandfater die from emphysema smoking..my father was born 1909 die 1981 grandfather was in his 90's

Peter N. Munsing answered on May 23, 2019

Sounds like it. Call one of the attorneys handling the class of people.

1 Answer | Asked in Animal / Dog Law for Pennsylvania on

Q: What determines ownership of a dog? I was advised that a dog license does not since anyone could obtain one for any dog.

I spoke to a license manager in my county who advised that having a license for a dog does not mean that you own that dog. So then what does? Vet bills, groomer receipts, etc??

Peter N. Munsing answered on May 23, 2019

All the above. If you got the dog from someone be useful to get something signed from that person.

1 Answer | Asked in Traffic Tickets for Pennsylvania on

Q: Can a cop in Pa pull you over just because he knows your liciense is suspended, from a previous encounter with you

I was caught driving with a suspended license recently, that's how the cop knew it was suspended. He pulled me over again today, for no other reason then my license was suspended. The car I was driving is not registered in my name, registered owner has a valid liciense. The cop actually said to me... Read more »

Peter N. Munsing answered on May 23, 2019

He knew from personal knowledge your license was suspended. Sounds like he gave you a break. He sees you driving any vehicle, he has cause to at least check you out, I believe. However do consult an attorney who handles tickets because if you got a 2nd driving while suspended your license will be... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on

Q: Questions about ownership of a house

We have a house that was transferred from my grandparents. The deed reads as:

(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called "Grantees")... Read more »

Peter N. Munsing answered on May 23, 2019

JTWROS means whoever survives owns--it isn't something that an estate gets. So you are the owner. 2014/7 deals with a situation where the property isn't titles the way this was.

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