I am in need of a legal team to file for discovery and determine if a wrongful death law suit could be brought in the State of Texas regarding a fatal trucking accident wherein my brothers' cab of his semi seems to have been side swiped by the trailer of the truck in front of him, pinning him... View More 
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answered on Nov 8, 2023
Yes, a company can be sued by someone who is not represented by an attorney; this is known as proceeding pro se. However, wrongful death cases, particularly those involving truck accidents, can be complex and often require a deep understanding of both state laws and federal regulations governing... View More
The laws and exceptions to extend are different for each state I believe. So would I have time to extend in Illinois if I can prove the plaintiff was legally incompetent at time of injury and the defendant was out of state? How can I file the extension before the statute expires?
answered on Oct 27, 2023
The answer to this question would depend, in part, on whether the Plaintiff was under a "legal disability" at the time of the injury, as Illinois law provides for an "exception" to the general statute of limitations rule, with respect to people with a "legal... View More
My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... View More
answered on Dec 16, 2022
On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... View More
Loaded guns unlocked in her bedroom. I believe she was completely negligent in doing this. States attorney is attempting to file reckless endangerment charges and one other charge. We had a verbal agreement since my son was 11 to have both guns and ammo locked up separately and our son not to... View More
answered on Nov 16, 2022
My deepest sympathies on your loss. There may be a potential civil suit you could bring against your ex wife depending on where the act occurred and who were the household residents where the event happened. Discuss with counsel in a free private phone call. Again my deepest condolences.
The probate attorney for the special administration of the estate stated the wrongful death settlement amount per heir is based upon each of the heirs "relationship" with the deceased. Therefore if one sibling had a closer relationship they would get a larger share. I don't believe... View More
answered on Nov 7, 2023
Assuming you are talking about Illinois probate law, if there is not will then the distribution is by statute and the governing statute is pretty straightforward and clear. It does not talk about the relative dependency of any heir. Good luck.
Because they were both at fault, do I have to sue them in the same case or separate cases
answered on Feb 18, 2023
You are going to need an Illinois personal injury lawyer and nursing home negligence lawyer to handle your case. You are involved in a complicated matter.
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.
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
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.
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
My mother recently passed away from covid. She works at a church that refuses to acknowledge covid and follow regulations. This church is a known hotspot for covid and they still refyse to follow any kind of safety rules. We know my mother caught the virus there and covid is listed on the death... View More
answered on Dec 22, 2021
Unfortunately, none. If your mother was truly an employee of the Church, then her/your sole remedy is through Workers' Compensation, provided that the church carries Workers' Compensation insurance. If she was an employee but the Church had no WC insurance, you may be able to sue,... View More
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... View More
After serving 7 years my son had completed 4 of his 8 years of parole. His original issues involved opiate abuse & addiction and he was ordered to abstain from alcohol and illegal drugs during his parole. The system was such that his parole consisted of a weekly automated call in number and... View More
answered on Apr 16, 2021
No public servant has any personal liability for anything they do in the course and scope of their job. Remote check-in was extended because of the Pandemic. A parole officer is supposed to treat each parolee as instructed. If the Court did not order random drug testing or if it was suspended... View More
Husband felt ill,.multiple symptoms,.Everytime we went to same hospital and they would give us a diagnosis that would end us back there every month or 2 untill a year or ? Later he went and they told him nothing they could find. They wanted to dismiss him but he told them that no they had to check... View More
answered on Oct 22, 2019
You are not alleging Wrongful Death, you are alleging medical malpractice. You should NOT have waited so long. Do you have a doctor who can testify that the failure to diagnose resulted in his death? Are you sure that the cancer from which he suffered would not have been fatal even if diagnosed... View More
answered on May 23, 2019
Sounds like an assignment. The Assignment should be done by the assignee, not by others.
answered on Apr 24, 2019
You should consult an attorney in Illinois. Workers' compensation there may provide benefits even though the worker was called an "independent contractor. If not, the boss could be liable for any negligence or other wrongful that caused the death.
recover damages?
answered on Dec 11, 2018
Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different... View More
the rest of the siblings?
answered on Nov 20, 2018
No, he is just the name on the lawsuit. When the case is tried or settled, the Court will have to approve a distribution of the funds. Siblings generally take equally.
answered on Oct 29, 2018
You wife can certainly be sued, but the estate's chances of recovery is very slim if your wife was not negligent. If your wife was not negligent, and still sustained injuries as the result of an accident, I suggest you consult with a personal injury attorney immediately to discuss her options... View More
answered on Sep 7, 2018
Absolutely - Whether or not you will win is entirely a separate matter.
answered on Aug 4, 2018
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... View More
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