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Pennsylvania Wrongful Death Questions & Answers

1 Answer | Asked in Wrongful Death for Pennsylvania on

Q: How do I find details of my fathers wrongful death suit in PA from 8 years ago?

Would it be filied in county he lived or county the accident happened? I'm having extreme difficulty finding it. I do not talk to his wife which is the one that filied it. I do know she filied one because my sister and I were going to file but she already had. I just want to see the details of it... Read more »

Peter N. Munsing answered on May 23, 2019

It could be filed either county. Check both. Start with the county where he lived at date of death. they will have an estate opened for purposes of litigation. That will have information on the court case, and an "order of distribution." That says whether someone claimed you and your sister would... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Pennsylvania on

Q: what do I do before statue of limitations expires?

sister passed away in nursing home. She fell 4/6/17. Officer arrived called his wife (she is supervisor which my sister resides), he then asked her what he should do,, tell he if she does not go to the hospital she will go to jail for public drunkness? She never came home, she passed away on May 28... Read more »

Peter N. Munsing answered on May 23, 2019

You should immediately call a member of the Pa. Assn for Justice in the county where it happened --they give free consults. However with a confusing set of facts, and the statute of limitations running May 28th if it hasn't already run, you may not find an attorney willing to take it but make some... Read more »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Pennsylvania on

Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?

Mark Scoblionko answered on Feb 21, 2019

You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request... Read more »

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1 Answer | Asked in Car Accidents and Wrongful Death for Pennsylvania on

Q: death due to negligence

My mom passed away from a car accident while on her way to a job interview with amazon. They cancelled the interview but failed to inform her. She would have never been in the car if they would have called. Should they be held responsible?

Elizabeth Tarasi answered on Feb 6, 2019

The car accident was the cause of her untimely death not the fact that she was in the car going to an interview.

1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on

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

I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide

I checked with courts - he was not deemed... Read more »

Peter N. Munsing answered on Sep 11, 2018

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... Read more »

2 Answers | Asked in Wrongful Death and Probate for Pennsylvania on

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

That sister opened a wrongful death suit against the nursing home my mother died in. From attorney answers online I was told that the settlement is supposed to be split up between all my mothers children. No one is in contact with the sister who opened the case and her children have said that she... Read more »

Elizabeth Tarasi answered on Jul 18, 2018

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... Read more »

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1 Answer | Asked in Wrongful Death for Pennsylvania on

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

My father told me he was thinking about filing a wrongful death suit against the hospital regarding my grandmother. He and my aunt started the process, but he then passed away

I found out recently there was a settlement.

My aunt's name is on the settlement agreement.

$ is to... Read more »

Peter N. Munsing answered on Mar 5, 2018

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... Read more »

3 Answers | Asked in Wrongful Death, Estate Planning and Probate for Pennsylvania on

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

How do we stop the father who wasn't in child's life for 20 years from receiving half of the settlement, the lawyers say because it's Philadelphia that both parents receive money, but father isn't even on birth certificate. How can we fight this,is it possible to fight it and father never paid... Read more »

Kathryn Hilbush answered on Jan 30, 2018

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.

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1 Answer | Asked in Wrongful Death for Pennsylvania on

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

Peter N. Munsing answered on Jan 17, 2018

You can't recover. I don't think his estate can, unless you are on staff.

2 Answers | Asked in Personal Injury, Wrongful Death and Criminal Law for Pennsylvania on

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

I heard of a story where if you smack someone in the face with a white glove, you are legally enabled to duel he or she? My friend said this on a road trip and I was just wondering the validity of his statement.

Peter N. Munsing answered on Dec 19, 2017

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... Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for Pennsylvania on

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

I feel she may have been doing the same sort of troll making before she came here. I believe she is very dangerous. How can I see if she was involved in any court cases in Pennsylvania

Peter N. Munsing answered on Nov 15, 2017

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.

1 Answer | Asked in Traffic Tickets, Car Accidents and Wrongful Death for Pennsylvania on

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

hey I was involved in an accident in Lancaster county whereas it was a single vehicle accident where my friend died as a passenger an,d i was the driver. in result i received a traffic citation for CARELESS DRIVING, DRIVING VEHICLE AT SAFE SPEED & DRIVING ON ROADWAYS LANED FOR TRAFFIC. i wanted to... Read more »

Peter N. Munsing answered on Aug 31, 2017

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.... Read more »

1 Answer | Asked in Wrongful Death for Pennsylvania on

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

Peter N. Munsing answered on Aug 6, 2017

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.

1 Answer | Asked in Criminal Law, Constitutional Law and Wrongful Death for Pennsylvania on

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

I am scheduled to get off of county probation on July 28 after a 3 year sentence. I pled guilty to an M1 theft by unlawful taking charge back in 2014. I am aware that gun dealers and the county sheriff use the PICS system when selling firearms or approving Carry permits. If I go in on July 29 to... Read more »

Mr. Ryan L Hyde answered on Jul 13, 2017

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.

1 Answer | Asked in Criminal Law, Wrongful Death and Federal Crimes for Pennsylvania on

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

Peter N. Munsing answered on Jun 9, 2017

Depends on the circumstances. May be a health code violation as well.

1 Answer | Asked in Wrongful Death for Pennsylvania on

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?

Peter N. Munsing answered on May 29, 2017

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... Read more »

2 Answers | Asked in Workers' Compensation and Wrongful Death for Pennsylvania on

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

Peter N. Munsing answered on May 29, 2017

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.

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Pennsylvania on

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

I traded 2 healthy and he gave me one sick and he knew it. I spent 300. On him and he died because of his negligence . Should he reimburse me the money for thee vet bill?

Peter N. Munsing answered on May 23, 2017

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.

2 Answers | Asked in Wrongful Death for Pennsylvania on

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

I lost my father in 2008 to lung/brain cancer. He was diagnosed in May and passed in August. He was due to retire in June. We have papers from his Oncologist stating the diagnosis of Mesothelioma as a result of working in a shipyard. My father worked at Wiley's Ship Yard in Port Deposit, Md in... Read more »

Peter N. Munsing answered on May 3, 2017

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... Read more »

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2 Answers | Asked in Personal Injury and Wrongful Death for Pennsylvania on

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

T. Andrew Miller answered on Mar 17, 2017

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.

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