Wrongful Death Questions & Answers

Q: If someone is walking down the middle of a highway and they get hit by a car and die, what happens to the driver

2 Answers | Asked in Car Accidents and Wrongful Death for Alabama on
Answered on Dec 14, 2018
Peter Munsing's answer
Maybe nothing, maybe a charge if the person in the middle was visible. Even if drunk doesn't mean he's in line to be a hood ornament if someone could see him.

Q: Are you required to have an autopsy performed to be successful in a wrongful death claim?

2 Answers | Asked in Wrongful Death for Massachusetts on
Answered on Dec 14, 2018
Peter Munsing's answer
No. It can likely help, but not required. Suggest you contact a member of the Mass Academy of Trial Lawyers--they give free consults

Q: HOW TO FIND LEGAL HELP WHO CARES ABOUT JUSTICE TO HELP TO REMEDY INJUSTICE?

1 Answer | Asked in Civil Litigation, Civil Rights and Wrongful Death on
Answered on Dec 14, 2018
Peter Munsing's answer
Start by figuring out if you can bring the case. If you can't then try to get journalists interested in it. Try the Civil Liberties Union in your state.

Q: If the state decides to prosecute a drunk driver for a criminal offense, does that mean the victim's family can't also

1 Answer | Asked in Wrongful Death for New York on
Answered on Dec 14, 2018
Peter Munsing's answer
No the family can certainly sue for wrongful death. If you need the names of attorneys in your area let me know.

Q: Plaintiffs attorney hires expert Expert is friend of defendant and support defendant Is it mandatory to keep him?

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 14, 2018
Peter Munsing's answer
It may be if the case is ready for trial and the expert was listed. It may be possible to petition the court to get that permitted but you need to sit down with the lawyer on this.

Q: After two years of human trafficking, 5 years of attempted taking of a life, and finally death

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Wrongful Death for California on
Answered on Dec 14, 2018
Peter Munsing's answer
Not sure this is a question but it's up to the authorities to investigate or journalists, but only the DA and police can charge anyone.

Q: Can a private investigator who conducted interviews but failed to get signatures still testify in court

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 14, 2018
William John Light's answer
Yes. Prior statements to others can come into evidence through applicable hearsay exceptions.

Q: In a wrongful death case can my lawyer give some of my settlement to other people after i signed the release form

1 Answer | Asked in Wrongful Death for West Virginia on
Answered on Dec 11, 2018
D. Michael Burke Esq's answer
I would need more information to give you a specific answer to your question. You are apparently the personal representative of what seems to be your late husband's estate. That does not mean that you are the sole recipient of the wrongful death recovery, even if your husband left a will naming you the sole beneficiary of his estate. West Virginia's wrongful death statute provides that the judge or jury distribute the recovery to the following: "surviving spouse and children, including adopted...

Q: What are survivors entitled to if they win a wrongful death claim?

2 Answers | Asked in Wrongful Death for Florida on
Answered on Dec 11, 2018
Charles M. Baron's answer
That question cannot be fully answered without more details, including relationships and ages, and the cause of death. In general, see Fla. Statutes Sections 768.16 - 768.26. If this is a potential case, seek a free consultation.

Q: How can a court decide what an academically promising college student's future earnings would be after he's killed in a

2 Answers | Asked in Wrongful Death for Maryland on
Answered on Dec 11, 2018
Thomas Neary's answer
Hello - first, I am sorry for your loss!

There are many factors that go into an estimated future income when someone dies before they reach the workforce. In most cases, the attorney on the side of the deceased will hire experts in the area and gather evidence to support an estimate that is based on academic performance, goals and things like socioeconomic background to project how much the deceased would have made in their work lifetime. A jury then has the ultimate say over how...

Q: How many survivors can be compensated for a person's wrongful death? If a mother dies, can her spouse and children all

1 Answer | Asked in Wrongful Death for Illinois on
Answered on Dec 11, 2018
Charles Candiano's answer
Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different is contemplated, there will probably need to be a Hearing.

Q: my husband wants to file a Habeas for Re-sentencing under the case Law of (Banks and Clarks)? Can he qualify for sb1437?

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 7, 2018
William John Light's answer
You should re-post this under criminal law or criminal defense. Wrongful death is a civil law issue.

Q: My mother was hit and killed by a driverless car. Can I still sue the person in the driver's seat or do I need to go

4 Answers | Asked in Wrongful Death for California on
Answered on Dec 4, 2018
William John Light's answer
There is no such thing as a driverless car. There are cars which try to operate without as much human intervention, but humans are still "in control" and can intervene when appropriate. In other words, you sue the driver and owner of the car, as well as the manufacturer/ distributor/ programmer of the software that attempts to operate with limited human intervention. A police report will probably identify many of the appropriate parties.

You should consult with a PI attorney. This...

Q: If my dad was killed while on work release duty from prison, can I file a wrongful death claim or will the fact that he

2 Answers | Asked in Wrongful Death for Texas on
Answered on Dec 4, 2018
Rahlita D. Thornton's answer
First, sorry for your loss. The answer depends on a lot. It depends on the facts of the incident. How did this occur? What happened? When did it occur? We would be available to speak to you concerning the answers to these questions.

Q: A doctor contributed to my son's death by overprescribing Oxycodone. Can I post this on a public forum legally?

1 Answer | Asked in Wrongful Death for North Carolina on
Answered on Nov 29, 2018
Bill Powers' answer
First, my heart goes out to you. I can only imagine how difficult it must be to live with your loss.

That being said, I think it would be better to speak with an attorney before posting something on a public forum and possibly subjecting yourself to civil claims for libel.

Indeed, if the purpose is to protect others from the opioid epidemic and possibly the doctor herself or himself, there may be more effective private ways to proceed forward through the NC Medical Board....

Q: My father was recently killed in a car accident that wasn't his fault. I'm his estranged biological son. Can I still

3 Answers | Asked in Wrongful Death for Maryland on
Answered on Nov 26, 2018
Mark Oakley's answer
Yes, and his estate has a claim it can pursue as well. Consult a lawyer in the state where your father lived at the time of his death, or alternatively, in the state where the accident happened, and proceed from there.

Q: If the state of Florida plans to charge the individual who ran over and killed my wife with a DUI, can I still file a

6 Answers | Asked in Wrongful Death for Florida on
Answered on Nov 26, 2018
David Hughes Harris' answer
So sorry to hear about your loss.

Yes, one may proceed with a wrongful death claim while a criminal charge is pending. The person who brings the claim must be appointed as Personal Representative (PR) of the Estate by the probate court. Only the PR is authorized to pursue claims, settle claims, and file lawsuits in connection with a wrongful death.

Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust

1 Answer | Asked in Estate Planning and Wrongful Death for New York on
Answered on Nov 24, 2018
Michael David Siegel's answer
If the decedent was not competent to make the trust, a court proceeding can invalidate it.

Q: Can be listed as a statutory heir to someone if his parental rights were taken away and I have been legally adopted?

1 Answer | Asked in Adoption and Wrongful Death for California on
Answered on Nov 20, 2018
William John Light's answer
You would have to consult with an Arkansas attorney about that. However, even if you could be included, the value of your case would be tremendously adversely affected by the lack of relationship between your father and you, at least that is how it would work out in CA.

Q: If my brother filed a wrongful death claim for our father, does that mean only he would get money from the suit and not

1 Answer | Asked in Wrongful Death for Illinois on
Answered on Nov 20, 2018
Charles Candiano's answer
No, he is just the name on the lawsuit. When the case is tried or settled, the Court will have to approve a distribution of the funds. Siblings generally take equally.

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