Get free answers to your Wrongful Death legal questions from lawyers in your area.
answered on Aug 30, 2018
Ordinarily, it is two years from the date of death. For minors, it is two years from the date that they turn 18. If it's a medical malpractice case, it is ". . .within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the... View More 
The law enforcement handling the case told me that I would have to subpeona them . because it falls under the alabama open record law
answered on Aug 28, 2018
Your question is posted in CA. Doubtful anyone here knows anything about Alabama law. I am sorry for your loss.
answered on Aug 23, 2018
You don't have to be included as a Plaintiff, but you will be sued as a nominal defendant. All eligible heirs have to be a party to a wrongful death suit so that their interests are finally adjudicated. However, not every heir has proper standing for a wrongful death suit. Finally, the... View More
- we don't think this was a factor in his death in the accident, but could it be used against us?
A theoretical question: A teenage boy steals a guitar, the store owner calls the police. The teenage boy takes off on his motorcycle and is followed by an LAPD officer on duty. The thief enters an intersection that he crosses on a green light, but then is hit by a drunk driver who crossed a red... View More
answered on Aug 8, 2018
The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might... View More
I saw a verdict where the defendant was found guilty but in the verdict the said the victim was 'alleged' and also the date of the supposed manslaughter was 'alleged'. I do not see how that can still be alleged when the defendant is fount guilty? Hope you can help.
answered on Jul 23, 2018
If the defendant was convicted, he will be going to prison, whether or not the verdict form uses the word "alleged". The use of that word on the verdict form is of no import whatsoever.
The person with the eating disorder was in a treatment facility. The staff was unaware the patient had been vomiting after eating for two days. During an occupational therapy activity they offered to be belayer for another patient on an indoor rock climbing wall. They passed out resulting in the... View More
answered on Jul 18, 2018
we don't answer hypos but the person belaying did not violate any legal duty by belaying. The staff perhaps should have been aware if they monitored the person's weight. That may lead to personnel action but no criminal charges.
This happened in portland,Oregon. It has been nearly a year and the lawyer ( retained on a get paid when u get paid basis) keeps telling her that they are waiting to hear back from the insurance company. Is my friend obligated to continue with this law firm or can she seek different help? And can... View More
answered on Jul 17, 2018
You can fire you attorney whenever you want. If you fire the attorney, he has a lien on the case for the reasonable value of his attorney fees to date. It will not increase the attorney fees. He just gets a portion of the fees that will be charged by the new attorney. This can make it harder to... View More
answered on Jul 13, 2018
If you are a child of the person who died, you can file a wrongful death lawsuit for the loss of your parent. In such a suit, all people who are legally allowed to be parties must be part of the case. Even if such a person does not want to participate and refuses to be a plaintiff, they can be... View More
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answered on Jun 29, 2018
No. It would only be called a personal injury case. Once the person is deceased and the death was caused by something wrongful. Then, you may file a Wrongful Death Case.
answered on Jun 15, 2018
Code of Civil Procedure section 377.60, allows wrongful death claims by:
the deceased person's surviving spouse
the deceased person's domestic partner
the deceased person' s surviving children
if there is no surviving person in the deceased... View More
answered on Jun 1, 2018
If she died from injuries that were the subject of her PI case, yes. If she died from other causes, then her Estate would only have a survivor action for her lost wages, property damage and medical expense.
answered on May 18, 2018
Unless the case is for elder abuse, the right to recover for "general damages" (pain & suffering, etc.) dies with the person. The person's estate or other successor may continue with the suit for "special damages" (economic injury). If the person died as a result of... View More
My ex took my dog to the animal shelter and left him there. Once i found out, i called the shelter to ask about getting my dog back in safe hands. They notified me that my dog was put down for coming in “angry”. What can i do?
answered on May 6, 2018
Probably nothing against the Shelter. The dog was surrendered by an owner, who, by virtue of being an owner had the right to do so. Once surrendered, the Shelter was within its discretion to put the dog down if it exhibited aggressive tendencies. You may have a claim against the ex-boyfriend... View More
He's willing to sign a release of liability
answered on May 3, 2018
i would not do it if it were me.
the release is for civil liability but i think you could still face criminal exposure.
answered on Apr 27, 2018
Assuming it is a valid case, whichever of you wants to file should retain a personal injury attorney. Parties who do not wish to join in wrongful death cases may be made parties to the case by those who do wish to pursue the action.
Brother had a charge that violated his probation, was not taken into custody. About a year later my brother convicted 2 felony charges. The same da is now handling both cases for him at the same time, running concurrently. Is this normal? Are they trying to, will this, give him a more lengthy... View More
answered on Apr 26, 2018
Yes, it's normal. Priors can always affect sentencing & violations of probation can also have their own sentencing minimums.
answered on Apr 11, 2018
That's not wrongful death. Wrongful Death is a creation of statute which applies to the death of a human. Death of a dog is a property loss. If the other dog owner is at fault, the owner of the deceased dog can sue for the market value of the deceased dog, possibly trespass. It sounds like... View More
answered on Apr 3, 2018
Generally, no. If, however, the pet died due to a Defendant's intentional act, emotional distress damages might be recovered. http://caselaw.findlaw.com/ca-court-of-appeal/1611024.html
(pg. 1) My father passed away 3 months ago, i suspect foul play in his death. He did use heroin and everyone assumed it was an heroin overdose, when toxoligy report came in there were no sign of opiates (heroin) in his system there were 7 prescription drugs a one street drug (methanphetamine). When... View More
answered on Mar 23, 2018
Take your concerns to the police. They are the only ones with authority to investigate and prosecute a crime. However, what you describe still sounds like an overdose - 7 prescription drugs and 1 street drug? That's a lot of drugs. Proving foul play sounds difficult. It is curious how he... View More
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