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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for South Carolina on
Q: Our unwed child died and we adopted her infant son. How would the award be distributed in a wrongful death case?
Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

SC Code 15-51-20 states that the proceeds of a wrongful death action shall go to the spouse or children. Assuming that the child is under the age of majority the proceeds will have to be placed into a conservatorship for the benefit of the child. If you have not contacted and attorney yet that is... Read more »

1 Answer | Asked in Probate and Wrongful Death for California on
Q: can a settlement from a wrongful death MDL be forced into probate 18 years after the persons death?

My husband was killed in a defective car 18 years ago. The case turned into an MDL due to the number of people injured. Now that company is saying our portion of the settlement HAS to be put through probate even though there are only two of us ( his son and wife) that are eligilble to collect any... Read more »

Bill Sweeney
Bill Sweeney answered on Sep 26, 2019

Please refer to my article at: https://www.sweeneyprobatelaw.com/Articles/Understanding-Wrongful-Death-And-Survival-Actions.shtml

1 Answer | Asked in Car Accidents, Wrongful Death and Traffic Tickets for Missouri on
Q: My son died in an accident Nov, 2018, when an uninsured motorist tried to make a left turn in front of him.

I let the investigating officer know that the driver had no insurance, and provided my sons insurance info to them. The prosecutor says there is nothing in the reports about her having no insurance. Now, the prosecutor is saying the statute of limitations has passed, and she will not get a ticket.... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 20, 2019

I'm so sorry for the loss of your son, and for your question remaining open for four weeks. At this point, maybe you could contact an attorney or investigator in Missouri to retrieve the file and review it. With sympathy, good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: My son was killed in 2009, the case was sealed, is there any way to get depositions unsealed. thank you C. Houseknecht
Arslan Abid
Arslan Abid answered on Sep 18, 2019

Depositions can be taken out with the leave of the court with condition that the depositions will be brought before the court when ever needed by the court, if the case has not been disposed off. You must contact a local lawyer who will draft its application and will proceed.

1 Answer | Asked in Criminal Law and Wrongful Death for Maine on
Q: Contributing to someone's death in a hospital .. I need to know who to talk to or what to do ?

I have a video that will show the proof of adding to the medication on top of the hospitals medication which caused the patient to overdose

Hunter J Tzovarras
Hunter J Tzovarras answered on Sep 17, 2019

If this is a case involving medical negligence, you should contact a medical practice lawyer. I do not handle medical malpractice claims. Sorry I can't be more help on this. Thanks

1 Answer | Asked in Wrongful Death for Hawaii on
Q: My dad pass away on April 2019 from falling on federal property post office and due to his death the put up lights

Where he had pass away at die from broken spin injuring there only two way u can that either in massive car accident or a massive fall Our world not been the same so now we have no parents living no more I

I still see him laying there on ground every night and wish to see if I have case

Ronald Dean Gresham
Ronald Dean Gresham answered on Sep 13, 2019

I am sorry to hear about your Father's death. Any claim against the federal government would be governed by the Federal Tort Claims Act. You can read about the Act here:

https://www.justia.com/injury/federal-tort-claims-act-ftca/

1 Answer | Asked in Civil Rights, Federal Crimes and Wrongful Death for Georgia on
Q: My cousin was killed by a police officer in Ga 2012. His mother is dying of cancer but she never got true Justice

How could we appeal a decision in court. The police officer was never held responsible? There was no evidence provided, and there was no justice pertaining to his death. It was a WRONGFUL DEATH that basically got overlooked . When looking up even the case information on the incident only articles... Read more »

Gary Kollin
Gary Kollin answered on Sep 11, 2019

You cannot appeal the decision of the prosecutor

2 Answers | Asked in Child Support, Family Law and Wrongful Death for Florida on
Q: Can a wrongful death settlement be garnished by the court for child support arrearage?

My oldest daughter was killed 6 months ago when she was crossing the street and hit by a drunk driver. The driver only had state required Insurance which pays 10,000$ to the next of kin for wrongful death. Because I'm her mother I'm her next of kin and receiving the wrongful death settlement. I... Read more »

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Sep 9, 2019

This question is outside my area is specialization as a personal injury lawyer. You need to consult with a family law attorney.

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1 Answer | Asked in Wrongful Death for North Carolina on
Q: Can I open my son's estate if his wife won't
Bill Powers
Bill Powers answered on Sep 9, 2019

THAT'S A REALLY GOOD QUESTION

A lot depends on the nature and circumstances of why that hasn't yet happened. Parents MAY in certain circumstances be eligible to file the estate.

It would be smart to find out if there is a will too.

Estates can be a bit complicated....
Read more »

3 Answers | Asked in Federal Crimes, Wrongful Death, Elder Law and Probate for Louisiana on
Q: If the now deceased, added a stepchild to their bank account, does that person have rights to spend after death?

The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.

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1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: How can I find about out of court settlement on a wrongful death case that happened thirty years ago?

we need to get hold of the case file on a thirty year old out of court settlement on a wrongful death case. All I have is the name of the deceased. Could someone please point me in the right direction as to where I start? hank you.

Tim Akpinar
Tim Akpinar answered on Sep 8, 2019

That's going back quite a way. A Texas attorney is really the one who would know about navigation through the Texas court system in terms of retrieving records. But your question remains open for a month. As a general practice in most unified court systems, one could check if any records come up... Read more »

2 Answers | Asked in Wrongful Death for Georgia on
Q: Can i take the pool/company to court

The man was under water for ten minutes and it took someone who wasnt even a lifeguard to inform them about him.There was no lifeguard vigilant at the area he was in. once they noticed him it took 1 minute to get him out of the pool. He eventually died because of drowning

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2019

It is possible, but other facts are needed to fully explore whether somebody failed to follow proper safety rules resulting in this person's drowning. You should see an attorney knowledgeable in pool safety regulations to discuss your matter in greater detail.

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1 Answer | Asked in Criminal Law, Wrongful Death and Domestic Violence for Michigan on
Q: My husband was beat to death in our home. Can I sue for wrongful death?

Was attacked and beat to death in our home. No weapon was used just his hands. My husbands skull was caved in. Can I sue the defendant that is charged with the murder?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

Sue who?

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Is there any way to keep adult children from receiving part of a wrongful death settlement

Children have had nothing to do with their father in 30 years.

Benjamin Oxford
Benjamin Oxford answered on Aug 27, 2019

Probably not. There are two possible types of wrongful death cases. First, the estate of the deceased can bring the claim, in which case the settlement proceeds are divided up according to the terms of the will, and if there is no will the settlement proceeds are divided among the heirs. This... Read more »

1 Answer | Asked in Wrongful Death for South Carolina on
Q: my mother was in a research study for COPD that her lung Doctor was overseeing. Then she suddenly passed away.

Then i received a letter in the mail from the research company requesting a copy of her death certificate and the medicine that was leftover, So I looked on the death certificate and her cause of death was COPD. do i have a case

Tim Akpinar
Tim Akpinar answered on Aug 26, 2019

I'm very sorry for your loss. It's difficult to say whether you have a case without knowing additional information. An attorney would need to obtain the medical file and learn about the scope of the research study (in terms of the impact of the medication and other possible factors) and review them... Read more »

2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on
Q: Where and how could I find the copy of a thirty year old out of court settlement resulting from a wrongful death case?

Almost thirty years ago, my husband died in a car accident in which I was badly hurt too. A wrongful death case was brought against the party responsible and eventually settled out of court. Now, the brothers of my deceased husband have filed a criminal case in another country against myself,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2019

if it was an estate then the estate would have been set up in the county where it happened. That would have shown if there were heirs.

In most states, and I believe in Texas, the spouse gets everything unless there are children. Brothers get zero. That's if there is no will. Even if there...
Read more »

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2 Answers | Asked in Civil Litigation and Wrongful Death for California on
Q: 5 mil lawsuit in 79-80s in which the children of deceased never received any funds from the suit? Can this be recovered

Wrongful death and DUI. Grandma was guardian of children but she was in trouble by the law at the time and they refused to give her the money. Children just learned of the lawsuit and want to know if it can be recovered since they are innocent of grandma criminal activity

William John Light
William John Light answered on Aug 17, 2019

1. The children recover the money, not the guardian, so the Grandmother's criminal history would not be relevant. Any money is placed either in a blocked account (not accessible until the children turn 18), or is deposited into an annuity that pays out specified sums on a specified timetable.... Read more »

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1 Answer | Asked in Probate, White Collar Crime and Wrongful Death for Missouri on
Q: Am I in someone's will?
Nina Whitehurst
Nina Whitehurst answered on Aug 11, 2019

There is no way for anyone in this forum to know.

2 Answers | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Is she able to be sued and or prosecuted for animal cruelty?

My friend’s kitten escaped and ran to the neighbors house, and the neighbor intentionally put it in a pen with three dogs who of course attacked it. My friend tried to get there in time, but the kitten died at the vet.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 7, 2019

What a horrible situation. Notify the police and animal control. The rest is up to the D.A. Very sorry for your loss.

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1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Do you think I have a case? Miscarriage due to refusal of medical treatment while in jail for 41 days in two counties.

I was also considered high risk i was 5 months pregnant when i had the miscarriage. I told the guards about hurting and was still refused medical treatment. March 2019- April 2019 41 days incarcerated

Benjamin Oxford
Benjamin Oxford answered on Aug 7, 2019

Yes you may have a case. You need to show that the jail was aware of your medical needs, or it was otherwise obvious, and the jail was indifferent to this need. You must also show the lack of care was the cause of the miscarriage.

You need to hire an attorney with experience in civil...
Read more »

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