Louisiana Wrongful Death Questions & Answers

Q: My husband recently passed away from going into anafalatic shock none of the first responders had an epipen

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Louisiana on
Answered on Oct 2, 2018
Peter Munsing's answer
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.

Q: Should a person that is subpoenaed in a malpractice suit be forced to testify if they do not wish to?

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Answered on May 16, 2018
Douglas Lee Bryan's answer
The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.

Q: If my lawyer didnt turn in my release form for the release of my money does that affect the 60 day hold

1 Answer | Asked in Wrongful Death for Louisiana on
Answered on Apr 4, 2018
Douglas Lee Bryan's answer
I don't understand your question. But if you have an attorney, I would suggest that you address the question to him.

Q: I was on a line boat fire....I lost a close friend and coworker I'm suffer ptsd greatly. I don't know if I should sue..

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Answered on Nov 30, 2017
Peter Munsing's answer
If it was on the job you get comp. If not you can make a claim for your injuries if someone's carelessness caused the fire. You should contact a member of the La. Trial Lawyers Assn who handles workers comp and other cases--they give free consults.

Q: Is there a "statue of limitations" for negligence homicide in the state of Louisiana? new evidence has just been found.

1 Answer | Asked in Wrongful Death and Criminal Law for Louisiana on
Answered on Nov 15, 2017
Peter Munsing's answer
There's manslaugher. But as to a civil case, that sttute of limitations has long gone, and it's up to the DA whether to bring a "cold case."

Q: In the state of Louisiana can student loans take your wrongful death settlement money?

1 Answer | Asked in Wrongful Death for Louisiana on
Answered on Oct 25, 2017
Peter Munsing's answer
There are ways you can try to make this unlikely, but it's money you have and they can execute on this. There are defenses to student loans. First, is the person holding the loan the same as the original lender? If not they have to show that they have an assignment. Contact a member of NACA

If you do owe the money and there's no defense you can ask if you can borrow a lump sum from someone will they agree to a compromise amount. Sometimes they will, just because they paid cents on the...

Q: My ex-husband recently died as the result of a doctor's negligence. I am receiving a widow's pension through his

1 Answer | Asked in Wrongful Death for Louisiana on
Answered on Sep 1, 2017
Peter Munsing's answer
You would not be as you were not married to him at the time of death. The children may make the claim because they had a blood relationship.For your peace of mind contact a member of the La. Assn for Justice --they can explain it to you.

Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on
Answered on Aug 31, 2017
Peter Munsing's answer
You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.

Q: My ex husband passed away due to a doctor's negligence. I am receiving Widow's pension through his social security. My

1 Answer | Asked in Wrongful Death for Louisiana on
Answered on Aug 24, 2017
Peter Munsing's answer
You say "ex." If divorced the answer is no. If still technically married, you may but it may be undercut by the fact that you were at least informally an "ex."

Q: If a person signs affidavit claiming that the Will before him is the descent handwriting bc he has seen it beforehand

2 Answers | Asked in Family Law, Civil Rights, Probate and Wrongful Death for Louisiana on
Answered on May 11, 2017
Kenneth V Zichi's answer
There is not a penalty for being WRONG, there is a penalty for KNOWINGLY misrepresenting or lying. If the affiant HONESTLY believed the handwriting was the same then there isn't a problem even if the handwriting is later proven to be faked. The 'trick' here is proof. Does the handwriting 'look' right even though an expert analysis shows flaws? Or is it more like Bart Simpson's chalkboard writing when the decedent could have been used as a Palmer handwriting model? In other words, how likely IS...

Q: my father is deceased and he has a lawsuit with a lawyer in Texas against Sherwin Alumina Co. In Ingleside Tx. we are

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Answered on Mar 7, 2017
Peter Munsing's answer
Go to the courthouse. Find the estate. Look at the filings. that should tell you.

Q: If a judge ordered payment to the wife of deceased husband in a wrongful death lawsuit and child support enforcement

1 Answer | Asked in Wrongful Death for Louisiana on
Answered on Oct 11, 2016
Peter Munsing's answer
Not necessarily. The child support order would have to be modified based on the Judge's ruling, unless the Judge specifically included it. I assume that you have a lawyer who represented you in the case--you need to discuss this with them.

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