Daniel P Leavitt's answer It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.
David Alan Wolf's answer Wrongful death cases can be quite complicated. An estate will need to be set up. You should at least schedule a free consultation with a local personal injury attorney to discuss the law and the applicable legal rights. Insurance companies are well represented by attorneys, investigators, and adjusters. You should have an advocate on your side in the form of a personal injury attorney to look after your best interest. Sorry for your loss and good luck.
Peter N. Munsing's answer You should at least talk to the attorney about the proposed division, get something in writing, if you aren't sure then go to the hearing. He was your dad and it may bring you a bit of closure. End of the estate!
Peter N. Munsing's answer It would be a difficult case--much would depend on what you signed. However I would check with a member of the Va. Trial Lawyers Assn--they give free consults. The law generally places little value on the life of pets, and little value on their meaning to the owner, and finally "emotional distress" is rarely given. But get a free consult.
Peter N. Munsing's answer You have a brutal situation, and I apologize for having to treat this in a cut and dried manner. First, it may possibly be a police matter. If you know the insurer you would want to advise them that there is a question as to the beneficiary's right to claim.
If there is a will and other property it needs to be probated, out there.
Any wrongful death or similar claim would have to be filed in California--Virginia has no jurisdiction over her as she lives in California, the...
Gary D. Godman's answer Impossible to say without a more in-depth review of the facts, including whether the inmate had an underlying medical condition. Consult a wrongful death / civil litigation attorney either through this website or other internet searches. Broken ribs could have been caused by attempted resuscitation, and don't necessarily mean anything sinister. However, to protect your rights, consult with an attorney. Good luck, and sorry for your loss.
Adam Studnicki's answer A local lawyer can advise. Issues to figure out are whether you can recover under VA law and whether any judgement would be collectible.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Adam Studnicki's answer A local injury lawyer can advise of your rights and options, as well as who can sue under Virginia law.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Thomas H. Roberts Esq's answer When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person. (Va. § 8.01-50, 8.01-244).
Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.
Paul A. Prados' answer Most wrongful death cases are litigated in state courts. Only under certain less common factual scenarios will a wrongful death case be heard in federal court. A person with a wrongful death action needs to speak with an attorney not only regarding the wrongful death action, but to make sure they have followed the proper procedures to act on behalf of the deceased in bringing the wrongful death action.
There is wrongful death lawsuit being brought by the estate of the deceased. There is a basis for you to receive some or all of the proceeds from the lawsuit if the lawsuit is successful. The Executor/Personal representative for the Estate represents your interests to some extent but is not your attorney. The attorney for the estate is not your attorney. You may obtain counsel for yourself, or wait and see what...
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