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Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents and Wrongful Death for Illinois on
Q: Is there a time frame for suing for Wrongful Death?

I lost my entire family when a Semi Truck driver ran over their car from behind. I had an attorney who took advantage of my grief coaxing me to settle for a outrageously low amount. He didn't follow through with the suits he had promised and it has bothered me through the years.

Charles Candiano
Charles Candiano
answered on Feb 13, 2022

You must file suit within 2 years. That said, once you signed the Release in exchange for the money, you lost the ability to sue. The situation that you describe is the "Holy Grail" of personal injury attorneys because most commercial semi's have virtually unlimited insurance. It... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: Does a Tennessee State Trooper have a duty to perform CPR at a traffic stop if the driver goes into cardiac arrest?

28 year old male was stopped by a Tennessee state trooper for a seat belt violation and someone was on the phone on speaker telling the officer the driver had a history of heart failure, and pleading with him to perform CPR immediately because he was gasping for air. He couldn't speak or... View More

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

The scenario you are mentioning does suggests not only awful behavior by the policeman, but potential culpability. The police officer's culpability, which could be criminal or civil, with damages to the family for wrongful death, relies on whether the officer properly owed a duty of care to... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: How do I find auto policy limits AND umbrella policy limits for an at fault driver in TENNESSEE
Anthony M. Avery
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answered on Feb 11, 2022

Normally you sue the Defendant. Sometimes the other side will disclose their insurance, but they do not have to. Hopefully they had insurance that covered the wreck, which you will quickly find out after service of the Complaint.

1 Answer | Asked in Wrongful Death for Michigan on
Q: What are a personal representative's rights and means for acquiring the decedent's medical and other records?

If a family member dies under suspicious circumstances and we want to uncover wrong-doing and negligent treatment by officials and care-givers, what are our rights in demanding all records associated with the decedent's medical treatment? We want records from public mental health agencies... View More

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

It's going to take a lot, and you'd probably be wise to hire an attorney to help you undertake all that and to do it properly.

You're not getting judge's notes, however. But most everything else, there is a way - through HIPAA or FOIA.

1 Answer | Asked in Criminal Law, Family Law and Wrongful Death for Puerto Rico on
Q: My father died in Puerto Rico he build a home for us but he has people living inside what can I do to get the home
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 9, 2022

The first step to taking possession of the real estate property is by establishing whether your late father had granted his Last Will and Testament before dying. Else, I would recommend going before the Puerto Rico courts to petition a declaration of heirs. Once either the Will or the court's... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Texas on
Q: Is there a direct phone number for the Texas Court of Appeals? I can’t locate itTrying to find testimony from old case

This was a murder trial in which xx was convicted for the murder of xx

George was my BIL. My sister was too emotional to attend the trial, but is wanting to read testimony, if it can be found

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

The first thing you need to know is whether or not there was an appeal, and if so, which court handled the appeal. If you are researching an old case, try to find a "notice of appeal" document in the trial court file at the District Clerk's office in the county where the trial was... View More

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Litigation for Texas on
Q: HiI’m trying to find the complete testimony from the Zani trial, 1981, Texas. It’s very personal

He was convicted of murdering my BIL, xx, in 1967. It’s a landmark case for allowing hypnosis to be allowed as evidence. How do I get a copy of the testimony, or can it be accessed ??

Thanks,

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

If the case was appealed then some or all of the transcript may have been filed with the court of appeals.

1 Answer | Asked in Personal Injury, Intellectual Property and Wrongful Death for Washington on
Q: I am experiencing a surplus of things people don’t know I need to sue and don’t have money i need help pls.

I have been hurt and can’t find the right help .

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

A Washington attorney could advise best, but your question remains open for a month. I'm sorry you were hurt. Without knowing the details of how it happened, it's difficult to offer meaningful direction. One option is to reach out to Washington personal injury attorneys to review your... View More

1 Answer | Asked in Energy, Oil and Gas, Environmental, Personal Injury and Wrongful Death for New York on
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill

I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice... View More

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... View More

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.

1 Answer | Asked in Wrongful Death for New York on
Q: Wrongful death

This question is about a wrongful deaths caused by a home health aide with a private agency. The agency has not reported the accident to New York State regulatory boards. We already know they do not intend to report it. If it is reported by the family or anyone else does it help or hinder a... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 3, 2022

So sorry for your loss. If the death is reported by the family or someone else, it could potentially affect a wrongful death lawsuit depending on what they say. Assuming the report is not confidential, what they say to the NYS Department of Health would arguably be relevant and therefore... View More

1 Answer | Asked in Car Accidents, Federal Crimes, Personal Injury and Wrongful Death for Missouri on
Q: What can be done to help a mother find some justice for the death of her son?

Last april a man driving without a license, without insurance, in an truck he’d had for nearly a month without registering it properly turned left into oncoming traffic. He struck and killed a man and seriously injured a woman on a motorcycle. Even with prior charges in another state for driving... View More

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

I'm so very sorry for your loss. In rare circumstances, it is possible to seek damages from the state itself (e.g., police and others acting as its agents). This is called the public duty doctrine, and its application depends on the particular statutes/court cases of a particular state. Under... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on
Q: My boyfriend's teenage son died about a yr ago in his sleep from what the coroner called a toxic combination of drugs...

My boyfriend was the only other person home. Can he be charged in the death of his own son? If so, would it be the state that presses charges? And what would the formal charges be? Could he possibly be convicted? I mean, it was his own son. I can't even imagine what he's going through.

Audriana T. Anderson
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Audriana T. Anderson
answered on Feb 2, 2022

This is an extremely unfortunate situation for this family. There are potentially a couple of criminal charges the father could face -- if the father provided the drugs to his son, the father could be charged with drug induced homicide. If the father was aware that his son was consuming drugs or... View More

1 Answer | Asked in Wrongful Death for New York on
Q: My mom dies after à home invasion, what is my rights. thank you
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 25, 2022

I'm very sorry for your loss. Whether you might have a viable wrongful death claim on behalf of your mother really depends on how and where the home invasion occurred. If your mother lived in a private home, apart from perhaps suing the intruder, you would not have many options. On the... View More

1 Answer | Asked in Wrongful Death, Personal Injury and Medical Malpractice for California on
Q: I suffered a stillbirth at 32 weeks due to a doctors negligence can I sue for wrongful death?

I had lupus prior to pregnancy so I required a high risk doctor. During pregnancy I developed cholestatsis and gestational diabetes so I was at a much higher risk. I was being monitored weekly. Though my lab work showed little progress I was to deliver my baby at 36 weeks. At around 30 weeks I... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 13, 2022

You should reach out to some attorneys who specialize in medical malpractice. They should be able to help you determine what options you have. Do this right away because you only have a limited time to take action.

1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: If my car get hit from behind and a passenger of my car dies can I be charged with anything

My car broke down in the road and my passengers and I got hit and 1 died

Michael W. Horst
Michael W. Horst
answered on Jan 12, 2022

The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Michigan on
Q: Why would the death certificate be pending, when the Post Mortem Report listed "clozapine toxicity"?

He went into cardiac arrest after being drugged and assaulted. He was a legally incapacitated adult.

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2022

Death certificates are administrative, and may show more than what an autopsy determines. It's reasonable to expect some lag time.

1 Answer | Asked in Juvenile Law and Wrongful Death for Michigan on
Q: Michigan school shooter

In the case of the Michigan school shooter what if the defense argues that the boy had mental health problems and argues that the parents were negligent in not seeking treatment, buying a gun for their teenage son and not notifying the school that he had access to gun? Can the state use the... View More

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2022

Yes. And that is why each party has his or her own attorney.

1 Answer | Asked in Wrongful Death for Washington on
Q: my sons father was murdered in nc and when we went to court the judge said that the person should not been out of jail b

beccause of his charges and had he not been out of jail in the first placed my BF would be alive and that this time he wasn't getting out n denied bail can we sue nc for WD

Peter N. Munsing
Peter N. Munsing
answered on Dec 23, 2021

There are problems when a person has been allowed out on bail, as that is generally not a decision that will result in tort liability however you need to consult an attorney in North Carolina to determine your rights under the laws of your state. Look for an attorney who is a member of the North... View More

1 Answer | Asked in DUI / DWI and Wrongful Death for Tennessee on
Q: If you are a family member of the victim that was killed in a dui vehicular homicide and told the da you didn’t want to

Do a plea deal and they do it anyways does that violate victim rights

Anthony M. Avery
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answered on Dec 22, 2021

No, that is the State's Case. I am sorry for your loss...

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