Wrongful Death Questions & Answers by State
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Wrongful Death Questions & Answers
Q: Can any friends/colleagues bring a wrongful death lawsuit or must it be family only?
William John Light's answer
Code of Civil Procedure section 377.60, allows wrongful death claims by:
the deceased person's surviving spouse
the deceased person's domestic partner
the deceased person' s surviving children
if there is no surviving person in the deceased person's line of descent, then anyone "who would be entitled to the property of the decedent by intestate succession" can file; that can include the deceased person's parents, or the deceased person's siblings, depending on...
Code of Civil Procedure section 377.60, allows wrongful death claims by:
the deceased person's surviving spouse
the deceased person's domestic partner
the deceased person' s surviving children
if there is no surviving person in the deceased person's line of descent, then anyone "who would be entitled to the property of the decedent by intestate succession" can file; that can include the deceased person's parents, or the deceased person's siblings, depending on...
Q: Who can file a wrongful death lawsuit in Maryland?
Mark Oakley's answer
Any person within the class of persons permitted to file under the wrongful death statute. Basically, those persons are: the wife, husband, parent, and child of the deceased person. If there are none of those, then any person related by blood or marriage who was substantially dependent upon the deceased. If an eligible person files suit, they must notify and serve all others entitled to make a claim and allow them to join the suit and share in the recovery. No court may permit a recovery...
Any person within the class of persons permitted to file under the wrongful death statute. Basically, those persons are: the wife, husband, parent, and child of the deceased person. If there are none of those, then any person related by blood or marriage who was substantially dependent upon the deceased. If an eligible person files suit, they must notify and serve all others entitled to make a claim and allow them to join the suit and share in the recovery. No court may permit a recovery...
Q: Can a wrongful death judgment be discharged in bankruptcy in Florida?
Terrence H Thorgaard's answer
Yes, in Florida or anywhere else in the United States. Bankruptcy law is federal law, not state law. For exemptions from discharge in bankruptcy, see 11 U.S. Code § 523 - Exceptions to discharge:
https://www.law.cornell.edu/uscode/text/11/523
A possible exception to the above statement might apply. See Subsection (9):
"(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because...
Yes, in Florida or anywhere else in the United States. Bankruptcy law is federal law, not state law. For exemptions from discharge in bankruptcy, see 11 U.S. Code § 523 - Exceptions to discharge:
https://www.law.cornell.edu/uscode/text/11/523
A possible exception to the above statement might apply. See Subsection (9):
"(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because...
Q: Where does it state in Federal or FL law that homeowners are required to maintain pools in same manner they passed insp.
1 Answer
| Asked
in
Construction Law, Personal Injury and Wrongful Death
for
Florida
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Tina El Fadel's answer
There is not enough information in this question to answer it fully. If you are renting a property, maintenance of the pool should be listed in you Lease with who is responsible for it. If you do not return the leased property in the same condition you received it, minus some wear and tear, your Landlord could make a claim on your deposit and possibly sue you for damages.
There is not enough information in this question to answer it fully. If you are renting a property, maintenance of the pool should be listed in you Lease with who is responsible for it. If you do not return the leased property in the same condition you received it, minus some wear and tear, your Landlord could make a claim on your deposit and possibly sue you for damages.
Q: What are survivors entitled to in Maryland wrongful death cases?
Mark Oakley's answer
Loss of consortium, companionship and support, including financial support and lost future lifetime earnings of the deceased, plus loss of services of the deceased.
Loss of consortium, companionship and support, including financial support and lost future lifetime earnings of the deceased, plus loss of services of the deceased.
Q: If my mom passes away before her PI case gets resolved, do we have to start over to make it a wrongful death case?
William John Light's answer
If she died from injuries that were the subject of her PI case, yes. If she died from other causes, then her Estate would only have a survivor action for her lost wages, property damage and medical expense.
If she died from injuries that were the subject of her PI case, yes. If she died from other causes, then her Estate would only have a survivor action for her lost wages, property damage and medical expense.
Q: Can an apartment complex be held responsible for injury sustained from a falling stove since it was not secured?
1 Answer
| Asked
in
Personal Injury, Landlord - Tenant and Wrongful Death
for
Nevada
on
Answered on May 30, 2018
Answered on May 30, 2018
Eric Steven Day's answer
The apartment complex can be held responsible for an injury resulting from a fallen stove, it would just depend on a few factors. Was the stove installed negligently? Did the apartment complex have any other complaints of a similar nature? (Notice).
The apartment complex can be held responsible for an injury resulting from a fallen stove, it would just depend on a few factors. Was the stove installed negligently? Did the apartment complex have any other complaints of a similar nature? (Notice).
Q: Is there any pool safety requirements after final inspection of pool? Do requirements of building codes still apply?
David Hughes Harris' answer
Generally, pools must be dual drain and have safety guarding (fence or alarm at doors/sliders onto pool deck) per federal and FL law. Even after a pool passes building inspection, access to the pool is an ongoing maintenance/safety issue.
Generally, pools must be dual drain and have safety guarding (fence or alarm at doors/sliders onto pool deck) per federal and FL law. Even after a pool passes building inspection, access to the pool is an ongoing maintenance/safety issue.
Q: Can a parent bring a wrongful death lawsuit on behalf of a child killed in an accident?
Peter Munsing's answer
Generally any of the next of kin can. If you have a question consult a member of the NY State Trial Lawyers Assn that handles the type of event that befell you.
Generally any of the next of kin can. If you have a question consult a member of the NY State Trial Lawyers Assn that handles the type of event that befell you.
Q: Can i file a civil rights claim against a doctor for not. Respecting the hippa rights.
Peter Munsing's answer
Sounds like there is a possible medical case. Hipaa violations aren't something you can sue for but failure to allow access to medical records may be. Why not contact a member of the Fla Justice Association who handles medical cases--they give free consults.
Sounds like there is a possible medical case. Hipaa violations aren't something you can sue for but failure to allow access to medical records may be. Why not contact a member of the Fla Justice Association who handles medical cases--they give free consults.
Q: Our assets are in an LLP. Purchases require both signatures. If he buys outside of the LLP, can the LLP be held libel.
1 Answer
| Asked
in
Car Accidents, Civil Litigation, Personal Injury and Wrongful Death
for
Georgia
on
Answered on May 22, 2018
Answered on May 22, 2018
Peter Munsing's answer
You need to consult the lawyer that drew up the llp (hopefully not drawn up by an online site), consult an elderlaw attorney. I'd also suggest a family therapist because just erecting walls won't help your relationship.
You need to consult the lawyer that drew up the llp (hopefully not drawn up by an online site), consult an elderlaw attorney. I'd also suggest a family therapist because just erecting walls won't help your relationship.
Q: What happens if a person bringing a personal injury suit dies before the case gets resolved?
Gerald Barry Dorfman's answer
Unless the case is for elder abuse, the right to recover for "general damages" (pain & suffering, etc.) dies with the person. The person's estate or other successor may continue with the suit for "special damages" (economic injury). If the person died as a result of the injuries, a wrongful death lawsuit may be brought.
Unless the case is for elder abuse, the right to recover for "general damages" (pain & suffering, etc.) dies with the person. The person's estate or other successor may continue with the suit for "special damages" (economic injury). If the person died as a result of the injuries, a wrongful death lawsuit may be brought.
Q: Can a stay-at-home mom without an income file a wrongful death lawsuit?
Mark Oakley's answer
If you are within the statutory degree of familial relationship to the person who died in an incident that was wrongfully/negligently caused by another, then you can sue. Even if any other person statutorily allowed to sue files a claim, all other living persons within the statutory class of relatives are required to be notified and given an opportunity to be included in the action and share in the proceeds of the claim. How much money you earn or don’t earn has nothing to do with your right...
If you are within the statutory degree of familial relationship to the person who died in an incident that was wrongfully/negligently caused by another, then you can sue. Even if any other person statutorily allowed to sue files a claim, all other living persons within the statutory class of relatives are required to be notified and given an opportunity to be included in the action and share in the proceeds of the claim. How much money you earn or don’t earn has nothing to do with your right...
Q: Should a person that is subpoenaed in a malpractice suit be forced to testify if they do not wish to?
1 Answer
| Asked
in
Medical Malpractice and Wrongful Death
for
Louisiana
on
Answered on May 16, 2018
Answered on May 16, 2018
Douglas Lee Bryan's answer
The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.
The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.
Q: So after a pool passes the final inspection the home owner is no longer required to have any safety barrier in place?
Terrence H Thorgaard's answer
Section 515.27 is the section which contains penalties, and it only applies at the time of inspection. However section 29 applies even after inspection, and such violation would probably be applicable in a civil suit if a death or injury were to occur.
Section 515.27 is the section which contains penalties, and it only applies at the time of inspection. However section 29 applies even after inspection, and such violation would probably be applicable in a civil suit if a death or injury were to occur.
Q: I noticed that Jeep has had recalls on suspension issues. is the 2002 Jeep Grand Cheroke part?
1 Answer
| Asked
in
Car Accidents, Civil Litigation and Wrongful Death
for
North Carolina
on
Answered on May 14, 2018
Answered on May 14, 2018
Bill Powers' answer
First, sorry for your loss. That’s such a terrible tragedy.
Product Recall and the associated liability cases are NOTORIOUSLY COMPLEX. There may be important statute of limitation issues involved.
As such, BEST thing to do is contact an attorney immediately.
Agai, condolences to you and your family. Thanks for your inquiry.
Bill Powers
North Carolina Civil Litigation Lawyer
CarolinaAttorneys.com.
First, sorry for your loss. That’s such a terrible tragedy.
Product Recall and the associated liability cases are NOTORIOUSLY COMPLEX. There may be important statute of limitation issues involved.
As such, BEST thing to do is contact an attorney immediately.
Agai, condolences to you and your family. Thanks for your inquiry.
Bill Powers
North Carolina Civil Litigation Lawyer
CarolinaAttorneys.com.
Q: My spouse was killed in a work-related accident. How long do I have to file a wrongful death claim?
Stephen Arnold Black's answer
A detailed analysis would need to be explored before a strategy could be developed. Discuss in private with counsel here in Florida.
A detailed analysis would need to be explored before a strategy could be developed. Discuss in private with counsel here in Florida.
Q: My dog, co-owned by my ex boyfriend and me. AKC registered/microchipped under both our names. Unbeknownst to me, my dog
William John Light's answer
Probably nothing against the Shelter. The dog was surrendered by an owner, who, by virtue of being an owner had the right to do so. Once surrendered, the Shelter was within its discretion to put the dog down if it exhibited aggressive tendencies. You may have a claim against the ex-boyfriend since he effectively destroyed your property interest in the dog. Your claim would be for the fair market value of a similar breed, gender and age dog.
Probably nothing against the Shelter. The dog was surrendered by an owner, who, by virtue of being an owner had the right to do so. Once surrendered, the Shelter was within its discretion to put the dog down if it exhibited aggressive tendencies. You may have a claim against the ex-boyfriend since he effectively destroyed your property interest in the dog. Your claim would be for the fair market value of a similar breed, gender and age dog.
Q: Wrongful death question
Peter Munsing's answer
Depends who you are in relation to the case. If your deposition is noticed and you refuse to attend yes, they can get the case dismissed.
Depends who you are in relation to the case. If your deposition is noticed and you refuse to attend yes, they can get the case dismissed.
Q: can i sue for a wrongful death suit for the death of fiance'? we intended on marrying and we share a child.
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Wrongful Death
for
Washington
on
Answered on May 4, 2018
Answered on May 4, 2018
Peter Munsing's answer
The child has a claim. Contact a member of the State of Washington Trial lawyers Association. They give free consults.
The child has a claim. Contact a member of the State of Washington Trial lawyers Association. They give free consults.
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