Wrongful Death Questions & Answers by State
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Wrongful Death Questions & Answers
Q: is it true in a civil suit if everything is owned jointly you cannot get anything?
1 Answer
| Asked
in
Personal Injury, Civil Litigation and Wrongful Death
for
Pennsylvania
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Peter Munsing's answer
Only if the suit is against both persons, though there are a few exceptions. But collectability if you get a judgment is certainly an issue.
Only if the suit is against both persons, though there are a few exceptions. But collectability if you get a judgment is certainly an issue.
Q: My 21 year old son was found dead in his car August 13th. I live in AR. There is a video. How do i get info and copy?
1 Answer
| Asked
in
Wrongful Death, Family Law and Civil Rights
for
Arizona
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Peter Munsing's answer
Find out who has the video.
Ask the victim assitance coordinator at your DA's office.
Find out who has the video.
Ask the victim assitance coordinator at your DA's office.
Q: If my husband was murdered, shot 3x by my cousin on August 24th what are my rights as a disabled wife?
Peter Munsing's answer
Unless the cousin has money, or whoever gave him the gun has money, if you sue him how will you collect anything? You have a right to sue the person but it won't get you far. However, assuming you are already collecting under his social security, as a widow you may have some small additonal benefits and should check with Social Security.
Unless the cousin has money, or whoever gave him the gun has money, if you sue him how will you collect anything? You have a right to sue the person but it won't get you far. However, assuming you are already collecting under his social security, as a widow you may have some small additonal benefits and should check with Social Security.
Q: My cell mate died after asking for a catheter at SLC jail for 3 days. She died and I called for help 3 times no help.
Peter Munsing's answer
Contact the Utah Civil Liberties Union, ask for their "cooperating attorneys" on prison cases. They may be able to help you and at least will give you a free consultation.
Contact the Utah Civil Liberties Union, ask for their "cooperating attorneys" on prison cases. They may be able to help you and at least will give you a free consultation.
Q: Do I have rights if I was the emergency contact of a person who died in jail unexpectedly
1 Answer
| Asked
in
Criminal Law, Civil Rights, Medical Malpractice and Wrongful Death
for
New York
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Q: my little brother die at work parents she fed gov. Settling out of court already how long till I receive my share?
Charles Candiano's answer
If your brother died in a work injury, in Illinois, your parents would NOT receive anything unless 3 conditions are met: 1.) He was not married; 2.) He had no Children; and 3.) Your parents were financially dependent upon your brother. Your parents may or may not get any money but YOU are NOT entitled to ANY portion of the money, under ANY circumstances if your brother died of a work injury.
If your brother's death was caused by the negligence of another (who had insurance), and the...
If your brother died in a work injury, in Illinois, your parents would NOT receive anything unless 3 conditions are met: 1.) He was not married; 2.) He had no Children; and 3.) Your parents were financially dependent upon your brother. Your parents may or may not get any money but YOU are NOT entitled to ANY portion of the money, under ANY circumstances if your brother died of a work injury.
If your brother's death was caused by the negligence of another (who had insurance), and the...
Q: My grandson died in a motorcycle accident - he wasn't wearing a helmet
Charles Candiano's answer
We need more details to provide any meaningful answer. Who you can sue depends upon who caused the accident and what your grandson died from.
We need more details to provide any meaningful answer. Who you can sue depends upon who caused the accident and what your grandson died from.
Q: What can I do if my child father took him from me and is now trying to get child support. And he won't let see my son
1 Answer
| Asked
in
Family Law, Child Custody, Wrongful Death and Child Support
for
Colorado
on
Answered on Sep 5, 2017
Answered on Sep 5, 2017
Stephen J. Plog's answer
You need to file a custody case to get orders in place regarding custody and visitation. If there are already orders in place and he's violating them you need to file a motion with the court to enforce those orders. If there are orders in place but they are vague, you may also need to seek to modify them. You should seek out the services of a family law attorney.
You need to file a custody case to get orders in place regarding custody and visitation. If there are already orders in place and he's violating them you need to file a motion with the court to enforce those orders. If there are orders in place but they are vague, you may also need to seek to modify them. You should seek out the services of a family law attorney.
Q: Hospital's neglect to monitor patient causes brain death, Can you help me build the case?
1 Answer
| Asked
in
Medical Malpractice and Wrongful Death
for
North Carolina
on
Answered on Sep 5, 2017
Answered on Sep 5, 2017
Peter Munsing's answer
Next step is contact a member of the NC Assn for Justice who handles medical cases--they give free consultations.
Next step is contact a member of the NC Assn for Justice who handles medical cases--they give free consultations.
Q: How can I petition the judge for evidence presented to grand jury? I know all wasn't presented.
Peter Munsing's answer
Contact a member of the Florida Justice Assn who handles death claims. They give free consultations.
Contact a member of the Florida Justice Assn who handles death claims. They give free consultations.
Q: Do parents of someone who died get a portion of any legal settlement?
William John Light's answer
If there is a wrongful death case, there must be attorneys involved. Ask them. If there aren't attorneys, get one. In a wrongful death case, parents of adult children can be plaintiffs if the adult child is not married, had no children, or the parents are financially dependent on the decedent. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP
If there is a wrongful death case, there must be attorneys involved. Ask them. If there aren't attorneys, get one. In a wrongful death case, parents of adult children can be plaintiffs if the adult child is not married, had no children, or the parents are financially dependent on the decedent. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP
Q: My ex-husband recently died as the result of a doctor's negligence. I am receiving a widow's pension through his
Peter Munsing's answer
You would not be as you were not married to him at the time of death. The children may make the claim because they had a blood relationship.For your peace of mind contact a member of the La. Assn for Justice --they can explain it to you.
You would not be as you were not married to him at the time of death. The children may make the claim because they had a blood relationship.For your peace of mind contact a member of the La. Assn for Justice --they can explain it to you.
Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released
1 Answer
| Asked
in
Consumer Law, Child Custody, Criminal Law and Wrongful Death
for
Louisiana
on
Answered on Aug 31, 2017
Answered on Aug 31, 2017
Peter Munsing's answer
You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.
You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.
Q: i need help on how to deal with this situation i have no court case but i have traffic citations what can or should i do
1 Answer
| Asked
in
Traffic Tickets, Car Accidents and Wrongful Death
for
Pennsylvania
on
Answered on Aug 31, 2017
Answered on Aug 31, 2017
Peter Munsing's answer
First, unless you want to kiss your license goodbye, you need to plead not guilty--which also gives you extra time to think; plan on paying for a legal consultation. Most lawyers will work out payment plans. Second, get a hold of the police report. Costs $15, but the lawyer will need to see that. You have insurance I assume. That will run interference if you do get sued, but won't help with the tickets. Bascially any time there's a single vehicle crash the presumption is you were driving to...
First, unless you want to kiss your license goodbye, you need to plead not guilty--which also gives you extra time to think; plan on paying for a legal consultation. Most lawyers will work out payment plans. Second, get a hold of the police report. Costs $15, but the lawyer will need to see that. You have insurance I assume. That will run interference if you do get sued, but won't help with the tickets. Bascially any time there's a single vehicle crash the presumption is you were driving to...
Q: My moms husband just died by her stepsons ending life support without her consent is this legal??
1 Answer
| Asked
in
Family Law, Probate and Wrongful Death
for
California
on
Answered on Aug 31, 2017
Answered on Aug 31, 2017
Peter Munsing's answer
The individual can decide who will make those decisions. For whatever reason your mom's husband chose his son and not her. However the "getting better might pull through" and then dead suggests that it was not a pull the plug situation. She should contact a member of CAOC who handles medical cases--they give free consults.. She will want to get the records of his hospital stay. She should ask for them on disk.They'll say "can we print them out?" Unless they guarantee her the same cost ($7) go...
The individual can decide who will make those decisions. For whatever reason your mom's husband chose his son and not her. However the "getting better might pull through" and then dead suggests that it was not a pull the plug situation. She should contact a member of CAOC who handles medical cases--they give free consults.. She will want to get the records of his hospital stay. She should ask for them on disk.They'll say "can we print them out?" Unless they guarantee her the same cost ($7) go...
Q: Can my elder Mom be held liable if someone driving her car is in an accident?
2 Answers
| Asked
in
Car Accidents, Elder Law, Personal Injury and Wrongful Death
for
Florida
on
Answered on Aug 25, 2017
Answered on Aug 25, 2017
Andy Wayne Williamson's answer
Yes you have a dangerous situation. Under Florida law the owner and the driver of a vehicle is liable for any accident involved.
Not sure how you fix the situation from the distance you are but you try to stop this person from driving the car.
Good luck.
Yes you have a dangerous situation. Under Florida law the owner and the driver of a vehicle is liable for any accident involved.
Not sure how you fix the situation from the distance you are but you try to stop this person from driving the car.
Good luck.
Q: My brother died as a result of medical malpractice. His wife filed a lawsuit. How can I be added to the lawsuit?
Peter Munsing's answer
Contact the attorney for the estate and be sure that you and your brother are listed. Ask why you were not. If you don't get a straight answer contact a member of the Ark. Assn for Justice to find one in your area--they give free consults.
Contact the attorney for the estate and be sure that you and your brother are listed. Ask why you were not. If you don't get a straight answer contact a member of the Ark. Assn for Justice to find one in your area--they give free consults.
Q: I took my 3 month puppy to a man that does ear cropping he gave him 2 extra milligrams of Anastasia he never woke up
Peter Munsing's answer
You could, but he only owes you the cost of what he did and the "market value" of a dog of that breed and age.
You could, but he only owes you the cost of what he did and the "market value" of a dog of that breed and age.
Q: My ex husband passed away due to a doctor's negligence. I am receiving Widow's pension through his social security. My
Peter Munsing's answer
You say "ex." If divorced the answer is no. If still technically married, you may but it may be undercut by the fact that you were at least informally an "ex."
You say "ex." If divorced the answer is no. If still technically married, you may but it may be undercut by the fact that you were at least informally an "ex."
Q: Can a sibling sue another sibling for wrongful death of a parent?
Peter Munsing's answer
Yes.Why not contact a member of the Fla. Justice Assn--they give free consults.
Yes.Why not contact a member of the Fla. Justice Assn--they give free consults.
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