It depends on the state jurisdiction. In Illinois, all jury trials need to be unanimous. If not, that would lead to a mistrial; a "hung jury." You should contact a FL attorney for the answer in your venue assuming you're speaking about a FL case. A federal jury case requires a...Read more »
If there is an option rather than some mandatory requirement of a contract to arbitrate, filing a lawsuit has advantages in that the process would be before a court and/or a jury. On the other hand, arbitration may be more expedient and less expensive except that it may or may not be binding and...Read more »
Under Illinois law anyone can "act" as the special administrator to serve in name as the plaintiff for the decedent. The persons who can receive compensation under the Illinois Wrongful Death Act are the "next of kin." In many cases a probate estate wherein the administrator or...Read more »
There's nothing wrong with a spouse suing for his/her loss of companionship in a wrongful death case and also bringing the lawsuit in the name of the estate of the deceased (as administrator or executor) for the benefit of the heirs of the decedent, which would include the spouse and the...Read more »
They can sue you, but would not do so because of the obvious fact that your involvement was caused by the party who rear-ended you. If you were injured you could bring a claim or lawsuit against the party who rear-ended you.
Put a monetary amount in my tort claim while in prison. Got out hired a lawyer and filed lawsuit and now realizing I need to ask for more money because I didn't no my limitations of my injuries while in jail. Once out its a lot I can't do. Can't drive can't work need full time... Read more »
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are...Read more »
If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side,...Read more »
My grandma has dementia and before this she appointed daughter #1 to be the POA. Daughter #2 found out and has now taken the mother to get a POA while she was diagnosed. Daughter #2 has now submitted her illegal POA to the banks and has taken over the accounts whih is taken daughter #1 off the... Read more »
I think you would need to hire an attorney in the state where grandmother was taken. You may consider with that lawyer and one in your state in having a guardianship set up naming you as guardian of the estate and person of grandmother to have her situated in a facility that will be especially...Read more »
No, as long as the parties have agreed to the arbitration as binding. Some arbitrations are nonbinding, but the agreement would have to be specific on that point. Nonbinding arbitrations are often referred to as mediations.
In Arizona you have two years from the date of the negligent incident that caused your injury to file your lawsuit. The statute of limitations, being two years means that you would be barred from bringing a later lawsuit outside of that two year period. I urge you to contact an attorney in your...Read more »
When the jury decides that there was no negligence that was a cause of the death, the verdict would be for the defendant. Plaintiffs have the burden of proof, a preponderance of the evidence, or what is more probably true than not true, that the breach of duty was a cause of the damages, the death...Read more »
A co-worker of mine recently suffered two strokes because his doctor prescribed him two medications that are NOT supposed to be taken at the same time. The doctor was fired after it was discovered that the mix of these medications caused the strokes. What are my co-workers chances... Read more »
I don't think anyone can predict with any certainty how a medical negligence lawsuit might turn out. Even with the most compelling facts, there is no way with the information you provided to know how this case would be decided. From what you have described, if a physician in the same or...Read more »
Yes. This assumes that the plaintiff bringing the lawsuit has some relationship with the decedent; next of kin, heir. Survival actions are for the pain and suffering the decedent endured before death. That piece of the lawsuit belongs to the estate of the decedent, whereas the wrongful death...Read more »
Yes. This is an often a contentious issue that the lawyers will grapple with because of that fact, no seat belt, would there be proof supported by an expert witness, that but for the absence of the seat belt, the person who died would have survived? The issue of whether or not a seat belt was in...Read more »
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