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Indiana Wrongful Death Questions & Answers
1 Answer | Asked in Personal Injury, Wrongful Death and Divorce for Indiana on
Q: Can you be tested for poisons if you aren’t dead?

Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... Read more »

Charles Candiano
Charles Candiano answered on May 13, 2021

You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.

If you...
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1 Answer | Asked in Criminal Law and Wrongful Death for Indiana on
Q: I live in Indiana and my neighbor said he will shoot my dog if he goes into his yard. Is this legal or a threat ?

I know president Trump just passed a new animal abuse law

Charles Candiano
Charles Candiano answered on Sep 7, 2020

No President has the authority to pass any laws. That is the exclusive province of Congress. I cannot speak to Federal Law, but Indiana State Law (IC 35-46-3-12.5) protects against Domestic violence animal cruelty

Sec. 12.5. A person who knowingly or intentionally kills a vertebrate...
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1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: I have a Pending guardianship and my guardian has sold my estate and my personal belongings . Would this be conversion?

She has placed me in a Nursing Home and I have no say in anything. She does not respect my rights, she just treats me as if I don't exist! Her attorney appointed an attorney ad-lit-um for me who I have not heard from for over a year!

Charles Candiano
Charles Candiano answered on Aug 2, 2020

Conversion is just a fancy word for steal. If you suspect that your guardian-ad-litem has stolen your property, simply request an accounting. The guardian's failure to account for ANY part of your property would constitute a breach of his/her fiduciary duty to you and subject the guardian to... Read more »

1 Answer | Asked in Personal Injury and Wrongful Death for Indiana on
Q: When should a torte case be on Justia after papers sent?
Timothy Rowe
Timothy Rowe answered on Feb 15, 2020

It is always a good idea to seek legal counsel immediately after an injury or accident to see what your legal rights and options are. It does not have to wait until litigation is initiated. Most consultations are free so it does not hurt to talk to an an attorney experienced in personal injury. The... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Indiana on
Q: Will my husband be arrested after questioning?

Our neighbor asked my husband to put her boyfriend in the tub. Her boyfriend was breathing just not responding. An hour later she called an ambulance and ge had overdosed and may die.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 1, 2019

More information would be needed to accurately answer your question. A situation such as you have described is very fact sensitive. He should consult with an attorney before speaking with the police.

1 Answer | Asked in Wrongful Death for Indiana on
Q: Mother filled out her will, but did not have it notarized. Was married. I am her daughter, can I legally have her ashes?

She left a letter behind stating she was going to leave her husband. She filled out her will and everything was to go to my sister and I, not her husband. Mom owned the property that he is now claiming. She was cremated and I just want to know if I can take her ashes legally. I cannot leave her in... Read more »

Charles Candiano
Charles Candiano answered on Apr 22, 2019

An unwitnessed or "holographic" Will is NOT valid in Indiana, so your mother died, intestate. Under Indiana Code § 29-1-2-1, where a person who dies intestate and is survived by both children and a spouse, 1/2 of the estate passes to the spouse and 1/2 passes to the children, who take,... Read more »

1 Answer | Asked in Wrongful Death for Indiana on
Q: My son was overdosing, instead of taking him to the hospital the person got paranoid and drove him into another state.

Drove him from Evansville, In to Henderson, KY, to seek help from her boyfriend, my son Overdosed on the backseat, they also gave false information to police, telling them they did not know who my son was, my son was John Doesn't for almost 3 days, because he had no identification and they... Read more »

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 5, 2018

Proving that he was overdosed involuntarily will be difficult. Potential criminal charges might be pressed against the assailants however, again. Depending on what the autopsy report says a wrongful death claim could be charged against the driver's car insurance.

1 Answer | Asked in Wrongful Death, Probate and Estate Planning for Indiana on
Q: My sister passed away she,was,single n had no kids dose that make me incharge of all of her esate n what steps do i need
Peter N. Munsing
Peter N. Munsing answered on Jan 12, 2018

Assuming no other close relatives you are entitled to petition for grant of letters of administration. It doesn't automatically make you in charge of anything. Suggest you contact a probate attorney.

2 Answers | Asked in Wrongful Death for Indiana on
Q: My ex-husband died in a car accident - am I allowed to make a wrongful death claim?
Peter N. Munsing
Peter N. Munsing answered on Jul 21, 2017

If you are divorced, no unless you are named executor of his estate. If he had minor children by you then you may file a claim on their behalf.

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2 Answers | Asked in Animal / Dog Law and Wrongful Death for Indiana on
Q: Is it legal in the state of indiana to shoot a dog just because you find the barking annoying? What can I do to help?

I know someone who has a dog and she let her roommates shoot him just because they found him annoying. They shot him in the face with a shot gun. He has never bit anyone or hurt a fly. I want justice for this dog what can I do.

Charles Candiano
Charles Candiano answered on May 16, 2017

Report these people to the local police ASAP. YOU cannot do anything but report it to the police. The POLICE can and should charge the shooter AND the owner with Animal Cruelty under § 35-46-3-12. The penalty is up to one year in jail UNLESS the animal dies, then it is a FELONY with up to three... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence and Wrongful Death for Indiana on
Q: My daughter was murdered by boyfriend (& father of daughter, 4); can I sue boyfriend's mother for wrongful death?

His mother is terrorizing me doing horrible, unthinkable, unethical and dishonest things (got my daughter's SSI $ with non-legal, non-valid Guardianship form ($518 per mo). I just got "Co-Guardianship"--she reduced my parenting time by over 75% by manipulating interpretation of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 15, 2017

No, you can only sue the killer. However, chances are neither she nor her son have money, so you'd spend a lot of time for no result. Not to mention spending money. Do what you are doing to change the custody agreement.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Indiana on
Q: My kitten was killed my my roommates dog that became loose and entered my room. Is the owner responsible for vet bill?

My lease agreement states that I can have 1 pet. The dog has shown aggression towards children and small animals, as well as bitten a child, which is not legally reported. The owner says that she is not responsible for anything because she told me that her dog has aggression issues. The landlord... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 21, 2016

Did the dog turn the handle on the door? Did the cat let him in? Did you and your roomate have an agreement about how the dog would be restricted when owner was away.

Sounds like you put all responsibllity on her. If you let the door be opened, unlocked, dogs will be dogs, cats will be...
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2 Answers | Asked in Wrongful Death for Indiana on
Q: My 20 year old son was killed by an 88 year old woman on a motorcycle

He worked as an mechanic for a motorcycle shop and took it on a test drive. The women failed to stop and turned in front of him. He had no time to stop. She was giving a citation for failure to yield. Is there anything that we can do?

Paul Stanko
Paul Stanko answered on Oct 27, 2016

Be sure to consult a wrongful death attorney as soon as possible. There are statutes of limitations for such cases. Also, given her age, you don't want to risk her passing away, bringing her estate into the mix.

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3 Answers | Asked in Wrongful Death for Indiana on
Q: Boyfriend is killed when failure to yield driver pulls out in front of him.

In May of this year my live in boyfriend of eleven years was killed by a failure to yield driver The police called me from the hospital to get there because I am on all his records as emergency contact. When I arrived at his floor the attendant and a Chaplin pulled me aside and told me to call... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 24, 2016

If you were on the contact forms they didn't violate HIPAA. Problem is that marriage didn't happen. For your peace of mind double check with a member of the Indiana Trial Lawyers Assn--they give free consultations. However do understand even the rights of children are circumscribed.

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2 Answers | Asked in Wrongful Death for Indiana on
Q: Can a civil suit be brought in a homicide case from 1996 if it can be proven that the alleged circumstances were untrue?

Boy was killed in 1996 in Indiana. Defendant plead guilty to reckless homicide based upon impossible circumstances.

Paul Stanko
Paul Stanko answered on Sep 16, 2016

You have not provided enough information. Who would be filing suit? Also, any statute of limitations for wrongful death would have long since passed.

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1 Answer | Asked in Adoption and Wrongful Death for Indiana on
Q: My dad was killed by a drunk driver a lawsuit was filed and won. I was adopted by another man do I have rights?

Do I have any rights to the money. My mom made my dad sign over his rights to me and then left the town we were living in and had me adopted by my half sisters dad. My sister (different then the one whose dad adpoted me.)has control of the money and blows it.

Peter N. Munsing
Peter N. Munsing answered on Jul 5, 2016

You should see a lawyer. The money was to be held in trust for you.Whoever administrated the estate should have seen it was put in a bank account for you.

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Wrongful Death for Indiana on
Q: My son's dad was in a vehicle crash that his friend was driving possible alcohol involved My son's dad died. Can I sue

On police report it said no insurance card found. The driver only had minor injuries, my son's dad was killed on impact. Very severe . My son has to live without his father now. I think he should have to pay.

Peter N. Munsing
Peter N. Munsing answered on Jun 23, 2016

Your son has a claim. If he is over 18 he gets the lawyer. If under 18 you should contact a member of the Indiana Trial Lawyers Assn for the area where it happened--they give free consultations. There may be a claim for uninsured motorist benefits, there may be other claims.

1 Answer | Asked in Wrongful Death for Indiana on
Q: My sister died by suicide and the husband knew she was suicidal. He refused to listen to counselor involved would we

have a case? We have doubts of the actions but it's going on 3 years. Our family had attempted to speak to the detectives involved but they were determined their findings were correct. The husband was told by the counselor they were both seeing to remove his father from the home. He refused... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

Talk to a local injury lawyer asap because there are deadlines for making legal claims.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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