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Texas Wrongful Death Questions & Answers
1 Answer | Asked in Nursing Home Abuse and Wrongful Death for Texas on
Q: I received a monetary settlement from a wrongful death case against a nursing home (my mother death). Is this taxable

The amount was approx $300,k divided between 5 siblings. The case was filed in

New Mexico.

Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

Your post says Texas. You first need to contact the attorney, find out the breakdown between wrongful death and survivorship. Find out if the Az tax people agreed to the split. Contact a CPA in your state.

1 Answer | Asked in Adoption and Wrongful Death for Texas on
Q: I was adopted 40 years ago. I found my birth parents this week. My birth father was murdered by a cop.

The cop was sentenced for his murder. Can I file a wrongful death suit 40 years later?

Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

No.

1 Answer | Asked in Personal Injury and Wrongful Death for Texas on
Q: My brother died in a tragic work accident due to negligence .My uncle filed for wrongful death and a settlement was

awarded. Who is entitled to receive the money? He had a living grandmother, father and older sister

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2018

You, father,sister. You need to consult with an attorney of your own. Look for a member of the Texas Trial Lawyers Assn. in the county where the killing happened.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Wrongful Death for Texas on
Q: My neighbor has used a hammer to push out my picket on my privacy fence my dog got out there is it my fault?

After the dog got out she told me I am going to shoot your dog so I quickly tried to get my dog back in the yard but the dog ran across the street into a vacant lot I grabbed my keys drove in that direction saw the dog in rearview mirror headed back to the house turned around pulled into my drive... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 12, 2018

You can make a claim but will spend more than you get. You need to press charges with the police.

1 Answer | Asked in Wrongful Death for Texas on
Q: Does my sons father have to be involved if i decide to sue my sons treatment home for negligence or can i by myself?

my son passed and i already have a lawyer wanting to look into his case however my sons father and i are not together and we are on very bad terms, i just want to know am i allowed to pursue with the lawyer without involving my child's father?

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

At some point the father has rights and you should discuss this with your lawyer.

1 Answer | Asked in Wrongful Death for Texas on
Q: What is the difference between involuntary manslaughter and wrongful death?
Peter N. Munsing
Peter N. Munsing answered on Dec 28, 2017

Involuntary manslaughter is a criminal charge; wrongful death is a civil claim made by the estate of the deceased and any immediate family that may have a right to file on their own behalf.

1 Answer | Asked in Wrongful Death for Texas on
Q: Do you have to be related (or married) to the person who died due to someone's negligence in order to file a wrongful

death claim?

Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2017

In most states yes. You should consult a member of the Texas Trial Lawyrs Assn---they give free consults.

1 Answer | Asked in Wrongful Death for Texas on
Q: In Texas if a settlement check was issued prior to any liens filed can those liens attach to the proceeds of settlement
Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

Depends when they were filed. Why not discuss this with the attorney handling the claim.

1 Answer | Asked in Wrongful Death for Texas on
Q: What kind of taxes will we owe on a wrongful death settlement?
Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

None. Generally death or other injury type settlements are free of state and federal taxes.

1 Answer | Asked in Federal Crimes, Military Law and Wrongful Death for Texas on
Q: Can I sue the Army for covering up the circumstances of my brother's suicide?

My brother was hazed/bullied by Marines during a deployment to Iraq. The investigations confirm he called his commander for help 20 seconds before he died and his commander told him to go back to work and hung up. I have evidence that the investigators intentionally witheld witness statements,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

The estate would have a right to bring suit under the Federal Tort Claims Act. Contact a member of the Texas Trial Lawyers Assn who handles death cases involving the military. They give free consultations.

1 Answer | Asked in Wrongful Death for Texas on
Q: Can a hospital file a lien on a wrongful death settlement check.

On March 24th of this year my son was hit and killed by a drunk driver. The drunk driver did have the minimum amount of insurance required by Texas state law. At this time there are two liens on record at the Nueces county clerk's office.Also I was sent a letter from the ins. company dated May 15,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

You have a lawyer. Sit down and meet with him. Find out if there was someone who supplied the drunk that can be sued. If the car your son was in was a recent model, ask him if there is a crashworthiness case.

1 Answer | Asked in Wrongful Death for Texas on
Q: Can a hospital file a lien on a wrongful death settlement check?
Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

Yes if the services were rendered to the decedent. However that bill would have been made part of the claim.

2 Answers | Asked in Wrongful Death for Texas on
Q: My son was killed by a drunk driver this year. Does a lawsuit have to be filed for this to be a wrongful death
Peter N. Munsing
Peter N. Munsing answered on Oct 24, 2017

You should contact a member of the Texas Trial Lawyers Asssn for the county where it happened--they give free consults. Reason is there may be culpability on whoever served the drunk or sold him alcohol if he was drunk already; there may be a "crashworthiness" case. Talk to a TTLA member.

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1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: In a Lawsuit. Wife, Incapacitated husband and daughter. If husband dies due to his injuries. Who is entitled to his mone

Does any of his kids who are adults entitle to any of the money from the Lawsuit. Or just his wife and daughter only.

Peter N. Munsing
Peter N. Munsing answered on Oct 10, 2017

Depends on if he left a will, and if not the laws of "intestate" estates in Texas. Under most states laws, the wife and any child under 18 come first. Others handle it differently.

1 Answer | Asked in Wrongful Death for Texas on
Q: Are we able to sue for wrongful death when someone dies from an overdose of pills?
Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2017

Generally no,but there may be circumstances when you can. Contact a member of the Texas Trial Lawyers--they give free consults.

1 Answer | Asked in Wrongful Death for Texas on
Q: Am I able to file a wrongful death claim on behalf of my uncle?
Peter N. Munsing
Peter N. Munsing answered on Aug 6, 2017

Not clear who passed. Why not contact a member of the Texas Trial Lawyers--they give free consults.

1 Answer | Asked in Criminal Law, Civil Rights and Wrongful Death for Texas on
Q: my brother was killed because of police negligence, what can we do now?

he was on drugs and we had a domestic disturbance and Hpd told us he has to be separated for 24 hours so they asked him where he wanted to go, so my brother told them about his questionable friend and thats where they took him and we found next day dead(it was not overdose he was bleeding from his... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 6, 2017

I don't see it under those circumstances. They aren't responsible for who your brother would tell them he should be dropped off at. But contact a member of the Texas Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Wrongful Death for Texas on
Q: What is the deadline to sue for a wrongful death?
Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

Generally, I believe it's two years, however you should contact a member of the Texas Trial Lawyers Association --they give free consultations.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: Can I get my dog back?

My mom even though she didn't want to let my aunt give away my dog, because he kept getting out. At the time he was a puppy and still in the learning process and we were trying to teach him not to, but my aunt was impatient and wanted to give him away and that's what happened. She never told us... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

Up to the shelter.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: My front door neighbor dog got out and broke my fence and dragged my dog out. She eas immediately taken to the vet

We we're told that she had head trauma and multiple deep wounds... She had to be put down.. Is there anything i can do so our neighbors get rid of their dog we hava a 2year old kid who sometimes is in the backyard with the pups it could've easily been her. Help!

The cops said it didn't... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

You have a trespass action; why not start with the dog warden or animal control?

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