Pennsylvania Wrongful Death Questions & Answers

Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on
Answered on Sep 11, 2018
Peter Munsing's answer
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.

No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...

Q: One of my sisters was named as the executor of my mother’s will.

2 Answers | Asked in Estate Planning, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Pennsylvania on
Answered on Jul 18, 2018
Elizabeth Tarasi's answer
According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...

Q: Wrongful death- 1 of the plantiffs dies before settlement. Should the decease wife and children be added to the case?

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on Mar 5, 2018
Peter Munsing's answer
The attorney for the estate was responsible for contacting the relatives/family of your husband. You need to get the court file for the estate, which usually would be with the register of wills for the county where it was. It also may make a difference when things happened. Feel free to call and I will be happy to answer your questions.

Q: How is it possible for a father who was never in child's life allowed half of a wrongful death settlement

3 Answers | Asked in Wrongful Death, Estate Planning and Probate for Pennsylvania on
Answered on Jan 30, 2018
Kathryn Hilbush's answer
I'm sorry but we can't second guess what your attorneys have told you. I suggest that you sit down in person with your lawyers and have them explain the issue more thoroughly. It's not because it's Philadelphia, but it may be because it's Pennsylvania.

Q: can I get wrongful death if I framed a kid in rehab, got him kicked out, then he overdosed and died

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on Jan 17, 2018
Peter Munsing's answer
You can't recover. I don't think his estate can, unless you are on staff.

Q: Is there a law about challenging another person to a duel?

2 Answers | Asked in Personal Injury, Wrongful Death and Criminal Law for Pennsylvania on
Answered on Dec 19, 2017
Peter Munsing's answer
In medieval times you might, but generally today you smack someone in the face they have a right to claim you assaulted them, they can claim self defense and biff you back--not a good idea. Dueling is outlawed in many states, not in Pennsylvania unless you are in the military. However the actions involved in Dueling--striking someone, etc--are outlawed and no, you can't "agree" to a fight.

Q: I live in Hawaii and I'm having trouble with a young lady I used to date .

1 Answer | Asked in Criminal Law and Wrongful Death for Pennsylvania on
Answered on Nov 15, 2017
Peter Munsing's answer
Search court records in Pennsylvania. However they may not show you what you need, and she may have changed her name due to marriage or otherwise.

Q: i need help on how to deal with this situation i have no court case but i have traffic citations what can or should i do

1 Answer | Asked in Traffic Tickets, Car Accidents and Wrongful Death for Pennsylvania on
Answered on Aug 31, 2017
Peter Munsing's answer
First, unless you want to kiss your license goodbye, you need to plead not guilty--which also gives you extra time to think; plan on paying for a legal consultation. Most lawyers will work out payment plans. Second, get a hold of the police report. Costs $15, but the lawyer will need to see that. You have insurance I assume. That will run interference if you do get sued, but won't help with the tickets. Bascially any time there's a single vehicle crash the presumption is you were driving to...

Q: My granddaughter has money from a wrongful death suit can the mother request money from it??

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on Aug 6, 2017
Peter Munsing's answer
If it was the mother's spouse possibly if the money hasn't been distributed. Assuming it's in a minor's account most judges won't touch it.

Q: Can I purchase a firearm within a day or two of getting off of probation?

1 Answer | Asked in Criminal Law, Constitutional Law and Wrongful Death for Pennsylvania on
Answered on Jul 13, 2017
Mr. Ryan L Hyde's answer
The fact that you are off probation is meaningless. You were convicted of a crime that makes it illegal for you to purchase a firearm. If you have questions you should ask a local attorney.

Q: Can a person be charged if knowingly has a deceased person in home for longer then 24hrs before calling police.

1 Answer | Asked in Criminal Law, Wrongful Death and Federal Crimes for Pennsylvania on
Answered on Jun 9, 2017
Peter Munsing's answer
Depends on the circumstances. May be a health code violation as well.

Q: Why would an uncle who I haven't seen since a kid ask me to sign off on a wrongful death suit to an aunt I haven't seen?

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on May 29, 2017
Peter Munsing's answer
Because there is money there, possibly, and you may have been mentioned in her will. DO NOT AGREE ONE WAY OR THE OTHER--right now you don't know enough.Find out how she died. See if a will was probated. If you are named under the will you should be sent notice. Contact a member of the Pennsylvania Assn for Justice in the county where it happened. If you need names give me a call.

Q: My father died, who was a tunnel worker, from Black Lung Disease, can I file a lawsuit and if so against whom?

2 Answers | Asked in Workers' Compensation and Wrongful Death for Pennsylvania on
Answered on May 29, 2017
Peter Munsing's answer
You may or may not have a case depending on when it happened, etc. Feel free to call me and I can give you names of attorneys that may be able to assist.

Q: Trade 2 baby guinea pigs for a baby rabbit!

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Pennsylvania on
Answered on May 23, 2017
Peter Munsing's answer
It was a trade. He traded a sick animal. You took the sick animal. He should give you the value of your guinea pigs back.

Q: How possible do you think it would be to change the statue of limitations in regards to Mesothelioma?

2 Answers | Asked in Wrongful Death for Pennsylvania on
Answered on May 3, 2017
Peter Munsing's answer
First, it may not be too late. Contact Ron Motley's law firm in South Carolina for starters--they give free consultations. But the problem is that once your dad was diagnosed with it the clock began ticking, and with all the TV ads about it it's a tough argument to make that no one knew you could bring a suit..

As to legislation to extend the limitations, unlikely as the governrment is controlled by those who think that corporations need to be protected, not held to account.

Q: must a nursing home notify the next of kin when a person dies?

2 Answers | Asked in Personal Injury and Wrongful Death for Pennsylvania on
Answered on Mar 17, 2017
T. Andrew Miller's answer
Generally, these facilities have rules and procedures in place requiring notification of an incident like an injury or death. Failing to follow the rules the facility's set for itself can be proof of negligence in some cases.

Q: My brother died due to negligence from the prison. What can I do to fight this?

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on Mar 7, 2017
Peter Munsing's answer
Contact the Pennsylvania Civil Liberties Union and ask for the names of their "cooperating attorneys" for prison issues. It will be a tough case because you will have to show that if he'd gotten attention he would have lived.

Q: My 17 year old daughter died of alcohol poisoning due to her boyfriend and his friend's negligence. In Lycoming County.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for Pennsylvania on
Answered on Feb 28, 2017
Eric Todd Kirk's answer
I am saddened to hear of your loss. These are tragic circumstances. There are many variables in this situation, jurisdiction being only one of many. I would urge you to promptly consult with an experienced personal injury attorney to review the facts in detail, and render an informed opinion for you and your family. Best of luck.

Q: My mother is filing a claim on behalf of her deceased father. Her deceased sister had power of attorney. How does she?

2 Answers | Asked in Personal Injury and Wrongful Death for Pennsylvania on
Answered on Feb 23, 2017
Mark Scoblionko's answer
I suspect that you are confused. A Power of Attorney expires, as a matter of law, on the death of the person who gave it. Thus, the fact that the sister had a Power of Attorney is irrelevant because that Power of Attorney expired on the father's death. From what you are describing, I think that your mother is being told that she must open an estate from your father so that she could be appointed as Executrix, if there is a Will, or Administratrix, if there is no Will. She would then be...

Q: Hey I got into a fatal car accident last year and I have relieved citations such as careless driving , unsafe lane

1 Answer | Asked in Car Accidents and Wrongful Death for Pennsylvania on
Answered on Feb 22, 2017
Peter Munsing's answer
You want a lawyer because you may not fully understand the charges and you don't want to end up pleading to vehiclular homicide. At least get a consultation from an attorney.

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