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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for Maryland on
Q: Does a parent have to be appointed by a Court to bring wrongful death suit of intestate child? Or is it automatic?

If a child dies intestate, can the divorced parents independently file wrongful death claims on their own without an executor/personal representative/administrator? Or does one have to be appointed by the Court on behalf of the estate to file? Where do I find information about this?

Mark Oakley
Mark Oakley
answered on Aug 4, 2021

No, but all persons within the class of persons who are entitled to bring the action must be joined in the same action, or they must elect to be excluded from it. For instance, each of the divorced parents of the deceased child cannot bring their own separate actions. There can only be one case... View More

1 Answer | Asked in Wrongful Death for Colorado on
Q: Can a parent sue for damages in a wrongful death case to Colorado

Can a parent sue for damages in a wrongful death case in Colorado

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

The spouse has the exclusive right, and if no spouse the parents. Why not call a member of the Colorado Assn for Justice like Franklin Azar a call? They give free consultations. Feel free to use my name.

1 Answer | Asked in Car Accidents, Federal Crimes and Wrongful Death for New York on
Q: Will i go to jail if i pass a crosswalk sign that told me to stop when the traffic light told the car to go?

I wanted to know if i would go to jail if the crosswalk sign said to stop and i passed but the traffic light told the car to go almost hitting me. I dont know if this makes any sense...

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

No one goes to jail for most traffic offenses (other than leaving the scene or reckless driving in some states).

If someone is in the crosswalk traffic has to stop. If no one is in it and traffic has a green light they may proceed.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2021

The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

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1 Answer | Asked in Car Accidents, Traffic Tickets, Wrongful Death and Contracts for Virginia on
Q: My mom was killed in an accident in which the other driver got the failure to yield ticket his ins wants 2 settle for $

BUT he isn’t @ fault & we have to pay the medical bills

We don’t want that

Communication btwn lawyer & family is not working

What can we do

Jan F Hoen
Jan F Hoen
answered on Jul 10, 2021

If you have an attorney already, it would be best to schedule an appointment to discuss your concerns in person with them.

If you do not have one yet, I would recommend retaining someone experienced with personal injury.

My firm’s website also has helpful tips on what to do...
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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: After death threats by a gang of inmates my son died in San Quentin. What can I do?

After death threats when Johnny got to San Quentin he was put in a dorm with 100 inmates. When he died he was wearing metal ankle restraints, defenseless. He had 100x the lethal dose of fentanyl in his system. All his property was missing. After the passing of SB 1437 Johnny had petitioned the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 8, 2021

Contact the California Civil Liberties Union Prison Rights Project. Ask for the names of some of their "cooperating attorneys." They may be able to assist you or not depending on the detailed facts.

1 Answer | Asked in Wrongful Death for Texas on
Q: I do not want to died before of my time and any "Fire department worker" told me after to see me in the grave while .

After the Woman'Black try to kill me and the light green for walker how me it time next to at Shelter of Dallas Bridge 75201 and almost in front of department of Fire ; he told me: I was able to look fine and they never to put me any in my neck and it is to hard stilling now since 10/28/2020... View More

Teri A. Walter
Teri A. Walter
answered on Jul 6, 2021

Sorry, your question is undecipherable. However, I can tell you that you do not have a claim for your own wrongful death, because you are still alive.

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Maryland on
Q: Can I sue the animal shelter if my dog became really sick after getting out?

My dog went out my door and went missing for a couple of hours. Later animal control got a hold of my dog. I took my dog out a week later since I couldn't pay for the fees at the time. I went to go get my dog this Tuesday and they told me that she hasn't eaten in those days. My dog was 5... View More

Mark Oakley
Mark Oakley
answered on Jul 3, 2021

You have to prove that the shelter had a duty to care for your dog, breached that duty of care in some way, and that breach of care directly resulted in your dog's death. You have articulated no facts to support how or what caused your dog's death. How do you know your dog did not eat... View More

1 Answer | Asked in Personal Injury, Products Liability and Wrongful Death for Michigan on
Q: Hi! My mom currently passed away from serious complications due to her hernia mesh, the exact make is not on recall.

Is there still a case? It was a Johnson and Johnson mesh she had put in her in 2012. She saw a Specialist in 2018 and he told her the quality of life she had now is the best it’s going to be and it couldn’t be removed. It had already broken down in her body by then and caused a fistula. Long... View More

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2021

I'm very sorry for the loss of your mother. A Michigan attorney could advise best, but your post remains open for a week. You ask very good questions. Yes, there are product liability suits that do not necessarily involve recalls. And yes, you should try another lawyer. They may tell you the... View More

2 Answers | Asked in Health Care Law and Wrongful Death for Louisiana on
Q: My sister was hospitalized and released from a hospital in 2018 and had to readmitted the next day and intubated .

When she was released she wasn't suctioned properly and Conti ued to be admitted and released . She asphyxiated on the trache in 2019. Can I sue for wrongful death?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 30, 2021

Get a consultation with a medical malpractice attorney. But they will want to see the medical records to evaluate the case.

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2 Answers | Asked in Wrongful Death, Estate Planning, Family Law and Real Estate Law for Texas on
Q: The Frail Elderly Family Protection Act: Can it over turn the appointment of the POA & MPA due to wrongful death?

Forensic pathologist reported youngest sibling murder my mother.

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Jun 24, 2021

A power of attorney expires with the person who granted it.

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1 Answer | Asked in Elder Law and Wrongful Death for Texas on
Q: Frail Elderly visitation has been overlook due to caregiver has place No Trespass Notice for 4 years.

Caregiver works full time and dad is 88 years old stays all alone without no family contact. How do I present a case cuz the autopsy report does not show the caregiver in favorable eyes!

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Jun 24, 2021

More information is needed to respond to your question. Please consult an elder lawyer in your area. You can locate one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

2 Answers | Asked in Wrongful Death for Florida on
Q: How get charged murder if was if was beat death

How shoot gun knocked out

Charles M.  Baron
Charles M. Baron
answered on Jun 18, 2021

Your inquiry is not understandable. Perhaps you should get someone to help you type your question.

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1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
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3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Bill Hulsey
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Bill Hulsey
answered on Jun 6, 2021

Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.

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2 Answers | Asked in Wrongful Death for Maryland on
Q: I'm personal Rep. of my Dads Estate, does his wrongful-death award have to go to the Maryland court for disbursement?

I was told some states require wrongful death awards to go through their court to disburse funds to the beneficiaries, over-riding the terms in the deseased's will.

Mark Oakley
Mark Oakley
answered on Jun 2, 2021

Was your deceased father the plaintiff in a wrongful death action for the loss of another family member? If so, then his share of any recovery belongs to the estate, and it gets disbursed as part of the estate assets. If the basis of the award is in fact your father's death in an accident,... View More

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Illinois on
Q: If my dog gt killed by my neighbors dog how do I go about filing a lawsuit
Charles Candiano
Charles Candiano
answered on May 27, 2021

Wrongful Death law only applies to human beings.

I am a dog lover so I do not tell you this lightly. In the law, a dog is a chattel - it is only worth the fair market value of another dog so, at most, you would file a Small Claims case. Though we treat them like family and grieve their...
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1 Answer | Asked in Probate and Wrongful Death for Missouri on
Q: What can a person do when a step sister put a sister in an old folks home for 13 years so she couldnt inherit property.

Then she presented a death certificate showing she was cremated. The sister finally got out of old folks home and everyone shocked shes alive. All this over 2000 acres of land.

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2021

If the facts are anywhere near what I think you are stating, then the Sister may have several causes of action. She will need a very competent MO attorney to search the titles to the entire 2000 acres first. The present owners and tax histories could be horrible. Hopefully the Sister is... View More

1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: If my husband hurts or kills someone when driving drunk, can I be sued? He has own car and own insurance.

I have the papers for divorce. I am hoping he will get help. But he drinks and drives. Even though I have tried to get him to stop, he continues to do it. But I am scared one day he is going to hurt or possibly kill someone. If we are married, can the person or person's family sue me as... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 17, 2021

While I hope it never comes to this, however, if you live in a community property state and/or you jointly own assets, then it is possible that you could be made a part of a lawsuit seeking to seize assets in which you have an interest. Of course, before this occurs, there would have to be a... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Tennessee on
Q: can a person with any amount of meth in system be arrested and charged if they hit a pedestrian and pedestrian dies
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2021

There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.

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