Only a policy holder can sue his own insurance co. If the fatality was a 1 car accident, it could be very tough to make a claim against anyone. But an attorney should investigate it first. If another party is at fault without insurance, then you sue them and notify the carrier of UIM claims....View More
My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad?
I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim....View More
My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this
That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal...View More
My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... View More
28 year old male was stopped by a Tennessee state trooper for a seat belt violation and someone was on the phone on speaker telling the officer the driver had a history of heart failure, and pleading with him to perform CPR immediately because he was gasping for air. He couldn't speak or... View More
The scenario you are mentioning does suggests not only awful behavior by the policeman, but potential culpability. The police officer's culpability, which could be criminal or civil, with damages to the family for wrongful death, relies on whether the officer properly owed a duty of care to...View More
Normally you sue the Defendant. Sometimes the other side will disclose their insurance, but they do not have to. Hopefully they had insurance that covered the wreck, which you will quickly find out after service of the Complaint.
Head on collision, country road with no center line markings. They decided he was at fault for “crossing the center line” but there are no lines on the road. Now the people in the other truck are suing his estate for wrongful death after the insurance already paid them the max amount. The... View More
Is someone defending against the Suit? If not, default judgment will occur. Who actually filed for Probate? If not the creditor, then it was a large mistake. The real property can be looked upon to satisfy such a claim. But if the Heirs own as Tenants In Common, then it will be more...View More
There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.
A Tennessee attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your husband. The best way for you to get an answer to your question would be to reach out to attorneys who handle med mal/wrongful death cases. The question you ask calls for a...View More
Short backstory: My significant other was shot and killed in july 2019. I was informed it was taken in for evidence even though it was not used or even pulled to my knowledge. I'm trying to figure out if it was in fact taken by the police or some one else. TIA
If there was a prosecution of an alleged murder suspect, then you can file a motion for its return in that Case. If no prosecution is involved, then you can start calling the Sheriff or Chief of Police whose department investigated the murder. Ultimately you can file suit against the seizing...View More
The lawsuit was nondisclosure and her mother told her that the lawyer said everyone would lose all proceeds if she sues because no one is allowed to say what the amount is. She doesn't know what she is even entitled to, but it is much more than offered. She is 20 years old. She absolutely... View More
The Niece needs to hire an attorney. It is not your concern. She may or may not have received consideration, but I suspect you have no knowledge. I do not know who the Decedent was, but it is possible the Mother is entitled to a larger share than others, or an equal amount. It may even be a...View More
She filed lawsuit in only her name. She told me I was entitled to nothing and if I retain a lawyer, that I might get judgment, but her attorney implied that I may not be able to collect it and judgment means nothing. She first said I am entitled to nothing, then offered a small amount, then it... View More
Why did you set on your rights when you knew the Suit was going on? If Mother is an Executrix then there must be a probated Will, which may have excluded you. Check at Probate. If no Will then the Next of Kin should have been beneficiaries, and preferably Party Plaintiffs. Immediately hire...View More
If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?
Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise....View More
it was a law sute over the death of their unborn child. she kept all the family records and he cant find any paper work on the case of the lawyers name the money was to be transfered to their account wednesday she has been brain dead for 3 weeks and was removed from life support and passed monday.... View More
There are several ways to find a Case as there are only so many Clerks of Circuit Courts and Federal Courts in your area. But are you sure a suit was filed in the first place? There may have been a Settlement without filing suit. You could start by calling every lawyer in the area and asking....View More
I was walking down the street. It was three girls in a car that I have known for years since 8th grade. And I stop messing with them every since May 2018 because they always jumping people and being in mess and when I told them, they wanted to fight me. Back to what I was saying, they jumped out... View More
Can you sue? Yes. Can you win? That's the more difficult question. There are time limits from when you can file a lawsuit for assault/battery. Plus the facts of each case are different. Consult an attorney to determine your options.
There's nothing wrong with a spouse suing for his/her loss of companionship in a wrongful death case and also bringing the lawsuit in the name of the estate of the deceased (as administrator or executor) for the benefit of the heirs of the decedent, which would include the spouse and the...View More
What is your question? If your question is do you have a cause of action against her, then the answer is no. She has the right to choose to divorce someone. I am so sorry about your brother. A love one's suicide is so hard. Mental illness was the cause of your brother's suicide, not...View More
My father killed himself in 2016. And I don't know the truth and I want to know if my stepmom or her family had anything to do with it. Also my great grandmother left savings bonds for me. And my stepmom will not give me anything of his or come up with my saving bonds. Also I'm not sure... View More
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