Wrongful Death Questions & Answers by State

Wrongful Death Questions & Answers

Q: I am wondering what I would need to provide, to start and support a wrongful death suit against a medical institution

1 Answer | Asked in Wrongful Death for New York on
Answered on Mar 29, 2017

Kids need an attorney. Medica records too. However usually the hospital wants to see estate papers. Contact a member of the NY State Trial Lawyers Assn--they give free consults.
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Q: Is there a time set that an insurance company has to payout after papers have been signed for a wrongful death lawsuit?

1 Answer | Asked in Wrongful Death for Mississippi on
Answered on Mar 29, 2017

Not unusual. If there was a hold for social security /medicare to say no claims that would explain it. Lawyer not paid unitl it's done, so they'll be working it. Chill.
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Q: Widow killed by drunk driver. Can the two children cut the brother & sister out of settlement ?

1 Answer | Asked in Personal Injury and Wrongful Death for Kentucky on
Answered on Mar 29, 2017

Usually if there are minor children sibs would not take, but it depends on the law in that state.The attorney for the kids would know. If you are one of the sibs contact a member of the ky trial lawyers assn-they give free consults.
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Q: When settling with the insurance company, on a wrongful death, would the amount settled for go to the parents or sibling

1 Answer | Asked in Car Accidents and Wrongful Death on
Answered on Mar 29, 2017

Depends on your state. But you should ask your attorney. If you don't have one, contact a member of the Trial Lawyers Assn/Assn for Justice in the state where you live--they give free consultations! YOU SHOULD NOT TRY TO HANDLE A WRONGFUL DEATH CASE YOURSELF! For instance, if Medicare paid bills they need to be included. Don't include them and they will look to you for the money!
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Q: My now ex spouse put down our dog without my permission. Is this illegal?

1 Answer | Asked in Animal / Dog Law and Wrongful Death for New Jersey on
Answered on Mar 26, 2017

She would not need your permission. If the dog was that ill, there was probably no alternative.
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Q: What relationship do you have to have to file a wrongful death case?

1 Answer | Asked in Wrongful Death for Illinois on
Answered on Mar 24, 2017

Any family member, typically a spouse, child, sibling, or parent.
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Q: Can I contest their claim at this point

1 Answer | Asked in Wrongful Death for New York on
Answered on Mar 18, 2017

Generally there's a three year statute for tort cases but wrongful death cases are two years. You want to call up the NY Civil Liberties Union, ask if they have "cooperating attorneys" who handle police misconduct cases, and talk to one of those lawyers (they usually give free consults). If it's not yet 2 years then you may beable to make a claim. Over two years, you need to see what the situation is for a Civil Rights claim.
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Q: must a nursing home notify the next of kin when a person dies?

2 Answers | Asked in Personal Injury and Wrongful Death for Pennsylvania on
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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Q: My father passed away 2 days after being released from the hospital from gall bladder surgery. No autopsy was performed

2 Answers | Asked in Medical Malpractice and Wrongful Death for Oregon on
Answered on Mar 16, 2017

I believe a family member can request or demand an autopsy. (The family may need to pay for the autopsy.) This is something that should be done right away. It is probably too late if the body has been buried or cremated although there is a way to do some types of forensic autopsies on a body that has been exhumed. I am not sure how helpful that would be. On the other hand, the medical records alone may be sufficient to smoke out medical malpractice. If you suspect medical malpractice you...
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Q: My daughter was murdered by boyfriend (& father of daughter, 4); can I sue boyfriend's mother for wrongful death?

1 Answer | Asked in Criminal Law, Domestic Violence and Wrongful Death for Indiana on
Answered on Mar 15, 2017

No, you can only sue the killer. However, chances are neither she nor her son have money, so you'd spend a lot of time for no result. Not to mention spending money. Do what you are doing to change the custody agreement.
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Q: My dog got attacked and ate by a blue pitbull can I sue them?

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for California on
Answered on Mar 15, 2017

Yes, you can sue for conversion of personal property and assault on you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: Ok I surrendered my dog to shelter was told dog would try to be adopted out but in 1 hr they killed my .can I sue

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Virginia on
Answered on Mar 11, 2017

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.
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Q: Is there a maximum amount of money you can get in a wrongful death case?

1 Answer | Asked in Wrongful Death for Florida on
Answered on Mar 11, 2017

I don't believe Florida has limits, but first you need to determine if you have a case. You should contact a member of the Florida Justice Association---they give free consults.
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Q: Are there any rights for my dog that register she got hit by a car that didnt stop she had died on impact because of it

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Answered on Mar 11, 2017

You can report the incident to the police if you grabbed the license plate, and you can also sue for conversion of personal property if your dog was on a leash in your hand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: my father was incarcerated in tn. they did not get him any medical help until it was to late and he died.

1 Answer | Asked in Wrongful Death for Tennessee on
Answered on Mar 7, 2017

You'd want to contact the Tennessee Civil Liberties Union prison project, and find out the names of their "cooperating attorneys." They usually give free consults.
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Q: My brother died due to negligence from the prison. What can I do to fight this?

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on Mar 7, 2017

Contact the Pennsylvania Civil Liberties Union and ask for the names of their "cooperating attorneys" for prison issues. It will be a tough case because you will have to show that if he'd gotten attention he would have lived.
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Q: my father is deceased and he has a lawsuit with a lawyer in Texas against Sherwin Alumina Co. In Ingleside Tx. we are

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Answered on Mar 7, 2017

Go to the courthouse. Find the estate. Look at the filings. that should tell you.
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Q: I've lived on my grandfathers land long time. He married 1 1/2 ago. Died 4 mths ago how long can she hold the will away

1 Answer | Asked in Family Law, Real Estate Law, Probate and Wrongful Death for North Carolina on
Answered on Mar 7, 2017

Go to the register of Wills for the County. See if an estate has been opened. If not find out the process for opening one.
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Q: If a family member passed from E Coli during a nursing home stay and wasnt properly watched over what can you do?

1 Answer | Asked in Elder Law, Family Law, Nursing Home Abuse and Wrongful Death for New York on
Answered on Mar 6, 2017

You may be able to sue the nursing home for negligence and wrongful death. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: My mother died from a hemmoghaic fallopian tube fybroid. By the time it was discovered in the ER she died 1 month later

1 Answer | Asked in Medical Malpractice and Wrongful Death for Oregon on
Answered on Mar 3, 2017

If no doctor saw her I don't see it. But to be on the safe side, contact a member of the Oregon Assn for Justice who handles medical issues--they give free consults.
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