Wrongful Death Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Wrongful Death Questions & Answers
Q: For a death resulting from a fire in an unsafe structure, would the landlord or the city be legally responsible?
Gary W. Wangler's answer
Potentially both. It is impossible to address all possible circumstances where liability might be imposed without more information than what you have provided. You should consult an attorney immediately in order to protect and preserve your rights. There are strict time limits governing suits for wrongful death.
Potentially both. It is impossible to address all possible circumstances where liability might be imposed without more information than what you have provided. You should consult an attorney immediately in order to protect and preserve your rights. There are strict time limits governing suits for wrongful death.
Q: My son has passed away and I'm not allowed to see my grandchildren.Do I have any rights at all in Florida.
Terrence H Thorgaard's answer
She is probably not liable for his [suicide, I assume], arguably could have been prevented had she told the people at the clinic that he was suicidal. I don't know that she had a duty to report his mental state.
But you very well may have a right to see your grandchildren (minor children of your late son and the girlfriend, I assume).
She is probably not liable for his [suicide, I assume], arguably could have been prevented had she told the people at the clinic that he was suicidal. I don't know that she had a duty to report his mental state.
But you very well may have a right to see your grandchildren (minor children of your late son and the girlfriend, I assume).
Q: I have received notice that I am able to claim a portion of a wrongful death settlement. The suit was filed my my step
Peter Munsing's answer
You should at least talk to the attorney about the proposed division, get something in writing, if you aren't sure then go to the hearing. He was your dad and it may bring you a bit of closure. End of the estate!
You should at least talk to the attorney about the proposed division, get something in writing, if you aren't sure then go to the hearing. He was your dad and it may bring you a bit of closure. End of the estate!
Q: My question is simple my sister was killed when struck by a driver in Safford Arizona recently. Now her biological
John Leader's answer
We are very sorry for your loss.
In Arizona, here is who can file a wrongful death claim: the surviving spouse of a decedent, the surviving children of a decedent and a surviving parent or guardian of a decedent. Many wrongful death attorneys offer free case consultations. Your situation does sound complicated. It is advisable to reach out to a wrongful death attorney and have a consultation.
You can search for one on Justia.com and find one in Arizona. Please accept our...
We are very sorry for your loss.
In Arizona, here is who can file a wrongful death claim: the surviving spouse of a decedent, the surviving children of a decedent and a surviving parent or guardian of a decedent. Many wrongful death attorneys offer free case consultations. Your situation does sound complicated. It is advisable to reach out to a wrongful death attorney and have a consultation.
You can search for one on Justia.com and find one in Arizona. Please accept our...
Q: How long do you have to file a wrongful death case?
Peter Munsing's answer
I believe it's three years. Why not consult a member of the Michigan Assn for Justice--they give free consults.
I believe it's three years. Why not consult a member of the Michigan Assn for Justice--they give free consults.
Q: Can someone be charged if they got from under the steerin wheel allowed a drunk person to drive which resulted in death
1 Answer
| Asked
in
Car Accidents, Criminal Law, Personal Injury and Wrongful Death
for
North Carolina
on
Answered on May 23, 2017
Answered on May 23, 2017
Peter Munsing's answer
They could but Police have to charge. They can try a civil case in which case contact a member of the NC Assn for Justice--they give free consults.
They could but Police have to charge. They can try a civil case in which case contact a member of the NC Assn for Justice--they give free consults.
Q: Can I sue an animal hosp.if they didnt follow protocol with a preg.dog that was "DOA" and I told them to save the pups?
Peter Munsing's answer
You can only get the market value of the pups if you can prove they would have survived had the hospital used extreme measures--which requires expert testimony that will cost you more than the market value of the dogs. Sorry, but time to let go of this one.
You can only get the market value of the pups if you can prove they would have survived had the hospital used extreme measures--which requires expert testimony that will cost you more than the market value of the dogs. Sorry, but time to let go of this one.
Q: Father was murdered while in custody in Missouri prison can they be sued for negligence and harassment from the guards?
1 Answer
| Asked
in
Wrongful Death, Criminal Law and Civil Rights
for
Missouri
on
Answered on May 23, 2017
Answered on May 23, 2017
Peter Munsing's answer
Contact the Missouri Civil Liberties Union, ask for the names of "cooperating attorneys" for prison cases. They'll give you a free consult.
Contact the Missouri Civil Liberties Union, ask for the names of "cooperating attorneys" for prison cases. They'll give you a free consult.
Q: Can I use a dog pen as an enclosure instead of a chain link fence as required in the rules.
1 Answer
| Asked
in
Animal / Dog Law, Personal Injury, Wrongful Death and Landlord - Tenant
for
Nevada
on
Answered on May 23, 2017
Answered on May 23, 2017
Peter Munsing's answer
The landlord controls the terms. They can say no pets., They can say no pets unless they are in a stainless steel enclosure. They can say what they want. Don't like it--move.
The landlord controls the terms. They can say no pets., They can say no pets unless they are in a stainless steel enclosure. They can say what they want. Don't like it--move.
Q: Mo died, will 2 of my aunts and a cousin lied, stole large cash amount,personal property, bank accounts & now billing me
1 Answer
| Asked
in
Estate Planning, Family Law, Probate and Wrongful Death
on
Answered on May 23, 2017
Answered on May 23, 2017
Peter Munsing's answer
There's fraud, conversion, many things. If records show this, make copies and give to police. Talk to an elderlaw attorney to get an overview of what options are.
There's fraud, conversion, many things. If records show this, make copies and give to police. Talk to an elderlaw attorney to get an overview of what options are.
Q: Trade 2 baby guinea pigs for a baby rabbit!
1 Answer
| Asked
in
Animal / Dog Law and Wrongful Death
for
Pennsylvania
on
Answered on May 23, 2017
Answered on May 23, 2017
Peter Munsing's answer
It was a trade. He traded a sick animal. You took the sick animal. He should give you the value of your guinea pigs back.
It was a trade. He traded a sick animal. You took the sick animal. He should give you the value of your guinea pigs back.
Q: My aunt did not call 911 when my father was dying can i sue her for wrongful death?
Peter Munsing's answer
You could but you'd have to pay a lawyer. She should've called 911. You can make a police referral if you think it was willful.
You could but you'd have to pay a lawyer. She should've called 911. You can make a police referral if you think it was willful.
Q: What is the maximum you can be awarded in a wrongful death lawsuit?
Gerald Barry Dorfman's answer
There is no maximum, except in medical malpractice cases, where the maximum "general" (non-economic) damages allowed is $250,000.
There is no maximum, except in medical malpractice cases, where the maximum "general" (non-economic) damages allowed is $250,000.
Q: Is it legal in the state of indiana to shoot a dog just because you find the barking annoying? What can I do to help?
Charles Candiano's answer
Report these people to the local police ASAP. YOU cannot do anything but report it to the police. The POLICE can and should charge the shooter AND the owner with Animal Cruelty under § 35-46-3-12. The penalty is up to one year in jail UNLESS the animal dies, then it is a FELONY with up to three years in prison.
Report these people to the local police ASAP. YOU cannot do anything but report it to the police. The POLICE can and should charge the shooter AND the owner with Animal Cruelty under § 35-46-3-12. The penalty is up to one year in jail UNLESS the animal dies, then it is a FELONY with up to three years in prison.
Q: Can lifeguards be sued in the event of a public beach drowning?
Michael Nicholas Lygnos' answer
Who can be held responsible in a drowning is a detailed analysis. Technically, lifeguards have a duty to save swimmers, if they can. You might sue the town or lifeguards if they breach a duty, BUT, you need to speak with an attorney about the facts.
Who can be held responsible in a drowning is a detailed analysis. Technically, lifeguards have a duty to save swimmers, if they can. You might sue the town or lifeguards if they breach a duty, BUT, you need to speak with an attorney about the facts.
Q: How are the proceeds of a wrongful death case divided among the heirs?
Ali Ebrahimzadeh, Esq.'s answer
It depends on the will/ trust, otherwise intestacy laws apply. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
It depends on the will/ trust, otherwise intestacy laws apply. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: If a person signs affidavit claiming that the Will before him is the descent handwriting bc he has seen it beforehand
2 Answers
| Asked
in
Family Law, Civil Rights, Probate and Wrongful Death
for
Louisiana
on
Answered on May 11, 2017
Answered on May 11, 2017
Dr Kenneth V Zichi J.D.'s answer
There is not a penalty for being WRONG, there is a penalty for KNOWINGLY misrepresenting or lying. If the affiant HONESTLY believed the handwriting was the same then there isn't a problem even if the handwriting is later proven to be faked. The 'trick' here is proof. Does the handwriting 'look' right even though an expert analysis shows flaws? Or is it more like Bart Simpson's chalkboard writing when the decedent could have been used as a Palmer handwriting model? In other words, how likely IS...
There is not a penalty for being WRONG, there is a penalty for KNOWINGLY misrepresenting or lying. If the affiant HONESTLY believed the handwriting was the same then there isn't a problem even if the handwriting is later proven to be faked. The 'trick' here is proof. Does the handwriting 'look' right even though an expert analysis shows flaws? Or is it more like Bart Simpson's chalkboard writing when the decedent could have been used as a Palmer handwriting model? In other words, how likely IS...
Q: What is the minimum prison time for a hit and run resulting in four deaths in a car accident?
2 Answers
| Asked
in
Car Accidents, Criminal Law and Wrongful Death
for
Alabama
on
Answered on May 6, 2017
Answered on May 6, 2017
Samuel G McKerall's answer
You have not provided enough facts for your question to be answered. Was the event deliberate or accidental? Was the driver drunk or sober? Was the driver under 21 years of age? Under 18? Under 16?
Provide this additional information in order to get an answer.
WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering...
You have not provided enough facts for your question to be answered. Was the event deliberate or accidental? Was the driver drunk or sober? Was the driver under 21 years of age? Under 18? Under 16?
Provide this additional information in order to get an answer.
WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
