Get free answers to your Wrongful Death legal questions from lawyers in your area.
answered on Jun 20, 2017
Normally, the estate of the parent would have a claim, the minors would sue through their legal guardian.
answered on May 26, 2017
Potentially both. It is impossible to address all possible circumstances where liability might be imposed without more information than what you have provided. You should consult an attorney immediately in order to protect and preserve your rights. There are strict time limits governing suits for... View More
answered on May 5, 2017
Of course. If you are suing the State of Illinois, you must do so in the Court of Claims. If you are suing the Federal government, you must do so in Federal Court.
answered on Apr 14, 2017
Depends entirely on the cirucmstances. If the deceased was at fault it may be a long time. Product liability, other cases can take a long time.
answered on Mar 24, 2017
Any family member, typically a spouse, child, sibling, or parent.
answered on Mar 3, 2017
That part of the recovery that is through the estate, possibly. Talk to your lawyer about that--that's what they are there for. Get the verdict, then wonder who gets what.
her lawyer instructed her to notify the family about the case. She (nor I for that matter) understands why she had to notify the rest of the family unless they have right to be included in the lawsuit as well. Is family inclusion protocol or entitled to something?
answered on Feb 6, 2017
Usually, it's only the immediate family that inherits, but most states have rules stating that relatives of a certain degree oiut from the nuclear family need to be notified as there may be circumstances where they might inherit if there is no will.
She should talk to the lawyer about... View More
answered on Jan 27, 2017
There are many differences, the main one being a civil case is in civil court and a criminal case is in criminal court. In addition, in a criminal case, the government prosecutes the defendant and in a civil suit, you would hire your own civil attorney to represent you. Finally, in criminal court... View More
answered on Jan 7, 2017
It is certainly a possibility, but it will depend on specific facts regarding causation. Whether it is a personal injury lawsuit, or a wrongful death action, you should undoubtedly be represented by an attorney. If you are not, you should consult with on individually as soon as possible. A... View More
Or is it up to a judge. My mother stayed with my sister who lives in Indiana, where the car accidentally took place, the rest of her kids live in ILLINOIS. Can she not give us our half. We are not on speaking terms and she's money hungry. Thank u
answered on Dec 6, 2016
You need to contact a member of the Indiana Trial Lawyers Assn in the county where your mom died. She has to file an accounting with the Court, provide you notices,but I'm getting the view that she may not. At the same time you may have issues over "crashywortiness" --if the wreck was survivable.
Can I sue for wrongful death?
answered on Dec 5, 2016
It is hard to prove that the miscarriage was caused by the fallout from the wreck and not anything else. Contact a membef of the Illinois Trial Lawyers Assn--they give free consults.
(very intelligent but doesn't currently have a job)?
answered on Nov 11, 2016
based on average earnings, transcripts. Why not ask your lawyer. You should have one. Death cases are not d.i.y.
Contact a member of the Illinois Trial Lawyers Assn--they give free consults.
Are we able to file a wrongful death claim against this person even though he's also been charged criminally?
answered on Oct 20, 2016
First and foremost, I am painfully sorry to hear about your lose. My deepest condolences. To answer your question, yes, you are certainly able to file a wrongful death claim against the person even though he has been charged criminally. Before taking any action on the matter, I would recommend... View More
Is it possible to sue the doctor or pharmacy for wrongful death?
answered on Oct 6, 2016
Assuming it wasn't malpractice to prescribe that combination then no. But as it may be why not consult a member of the Illinois Trial Lawyers Assn who handles medical cases. There are statute of limitations and other issues so do this soon.
If you have any of his medications --i.e.... View More
The person didn't get jail time but I know he has a one million dollar insurance policy -- can I sue him to get that full amount?
answered on Sep 29, 2016
I am sorry for your loss. But yes you can sue, there are numerous issues that need to be vetted first. I strongly suggest you contact an attorney.
Wasn't I suppose to be informed? Can I sue for neglence if they felt like they did all they could do for my mother? I ordered a complete record of her file and the DNR paper is not there or my power of attorney papers not there neither. Do I have a case?
answered on Sep 28, 2016
Unless they did something wrong, not necessarily. Many people give a power of attorney to others "just in case." that doesn't mean that whoever deals with them has to ask the person holding the POA if the person who gave it is right in front of them and looks to be in an... View More
- he had only been riding it for a week or so. He was taught to drive it by another neighbor -- can my friend sue this person for wrongful death if they weren't certified to teach anyone to drive a motorcycle?
answered on Sep 20, 2016
Was he licensed? Did your neighbor know and allow this? Did your neighbor buy him the bike? It is possible they could sue the neighbor but the best way to find out is for the neighbor to contact a member of the Illinois Trial Lawyers Association.They give free consultations.
Her kids refuse to take action.
answered on Sep 14, 2016
Usually, immediate family members have the right to file a wrongful death lawsuit. Your ability or standing to file such a case will depend on if there are other immediate family member and if your aunt left a will. If your aunt left a will, the executor of the will would likely be the person who... View More
answered on Sep 7, 2016
The case is bfought for the estate. The minor may have a claim for loss of companionship etc if they were close. Suggest you contact a member of the Illinois Trial Lawyers Assn--they give free consultations.
answered on Sep 2, 2016
Yes there is. In Illinois I believe it is two years from date of death. If you have a concern about a case consult a member of the Illinois Trial Lawyers Assn/Ill. Assn for Justice immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.