Wrongful Death Questions & Answers by State

Wrongful Death Questions & Answers

Q: Do we have a malpractice case?

1 Answer | Asked in Medical Malpractice and Wrongful Death for New Jersey on
Answered on Feb 18, 2017

Indeed you should. Gerald Baker and Tom Vesper are such attorneys--tell them I suggested you call. Generally you want to speak with a NJ Assn for Justice member who handles malpractice cases--which they do. They give free consultations.

They will ask about approximate dates so make the appointment but try to sketch out a timeline.
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Q: If a family member is hurt in an accident with a reckless driver, but later dies because of poor quality medical care,

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

It sounds like medical negligence was the proximate cause of death, not the car accident.

See: http://law.justia.com/cases/new-york/other-courts/2007/2007-51922.html, case: Chowes v Aslam, 2007 NY Slip Op 51922(U) [17 Misc 3d 1111(A)] Decided on October 11, 2007 Supreme Court, Kings County, which states:

""Evidence of negligence is not enough by itself to establish liability." (Sheehan v City of New York, 40 NY2d 496, 501 [1976].) "It must also be proved that the negligence was...
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Q: can family of intruder sue homeowner for killing him on the driveway?

1 Answer | Asked in Wrongful Death for California on
Answered on Feb 18, 2017

See my answer to your identical question here. 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 Law. This answer does not...
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Q: can a homeowner be sued for killing intruder?

2 Answers | Asked in Personal Injury and Wrongful Death for California on
Answered on Feb 17, 2017

Depends on the scenario, were they armed etc. Why not get a consultation from your homeowners insurance if you are the property owner, if you are from the family of the criminals, contact an attorney who gives free consultations.
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Q: Was beneficiary in moms will . The executor chose not to sue for moms wrongful death within 6 months of death.

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on Feb 16, 2017

If there is a case an estate has to be opened or reopened. Why not consult a member of the Pennsylvania Association for Justice--we give free consultations so that you can review the details of your mom's passing to determine if it's actionable.
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Q: Wrongfully death lawsuit .onelawyer and 4 individual.the terms on the contract weren't agreeable to me.so I walk out.

1 Answer | Asked in Legal Malpractice and Wrongful Death for Nevada on
Answered on Feb 16, 2017

Get a consult with another lawyer. Either you have your own lawyer then or that lawyer will tell you it wasn't as misleading as you think.
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Q: Can PA DHS take all of my wrongful death settlement from my mother's death if she owed them more the settlement amount

1 Answer | Asked in Wrongful Death for Pennsylvania on
Answered on Feb 16, 2017

Usually only half, and I find you can bargain with them. I don't see they can take all of it. Usually only for bills related to care caused by the injury.
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Q: Was I entitled to any of the estate of my minor daughter that passed away from her injuries due to the car accident.

2 Answers | Asked in Wrongful Death for Kentucky on
Answered on Feb 15, 2017

You should contact a lawyer and go through the facts of this case. You listed Kentucky, which has a one-year statute of limitation in which to bring a personal injury lawsuit. Ky. Rev. Stat. § 413.140(1)(a). Based on these facts, claims that your daughter's estate may have had against the other driver would appear to be barred over four years later.

If the insurance covered your daughters' death, then the money would be paid into the estate and then distributed according to the laws...
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Q: If you sue someone on a wrongful death suit ,and there insurance company pays

1 Answer | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Answered on Feb 13, 2017

Chances are no for two reasons--the insurance company represented the parties that were doing wrong and also would have asked the administrator of the estate for a release before making any settlement payment. That release had a number of clauses. But I'm assuming you have a lawyer. Why not ask them?
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Q: Are there situations where non-relatives can file wrongful death lawsuits?

1 Answer | Asked in Wrongful Death for New Jersey on
Answered on Feb 12, 2017

Unlikely, but why not ask your question of a member of the NJ Assn for Justice--they give free consultations.
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Q: If someone is in work they are put on road crew and are hit by a car that is speeding what can

2 Answers | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Answered on Feb 12, 2017

This is not a criminal law question. Its a civil law litigation question.

Any time you are injured in any way you and your lawyer should sue every single person, firm, corporation or governmental entity that you and he or she can reasonably determine might be responsible. You do not sue their insurance company. You sue them. You sue them all at once, all at the same time. Their insurance companies will appear and defend them, and will pay any final judgment you are awarded, up to...
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Q: attn, got partial disbursement on his own and they sent me junk 3 party ck that I couldn't cash so I then made a request

2 Answers | Asked in Criminal Law, Personal Injury, Legal Malpractice and Wrongful Death for California on
Answered on Feb 12, 2017

Your facts are vague and need clarification. 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 Law. This answer does not...
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Q: Is a wrongful death case the same as a murder case?

2 Answers | Asked in Wrongful Death for Texas on
Answered on Feb 10, 2017

No, a wrongful death case is not the same as a murder case. A wrongful death case is a civil suit seeking damages (money) and is typically brought by a family member of the person who lost their life. A wrongful death case does not carry criminal penalties with it. On the other hand, a murder case is brought by the state of Texas and involves potential criminal penalties.

The types of proof required in the cases are also very different. In a wrongful death case, the plaintiff must prove...
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Q: My grandmother filed a negligence lawsuit against a hospital on behalf of my uncle who died there.

1 Answer | Asked in Wrongful Death for Illinois on
Answered on Feb 6, 2017

Usually, it's only the immediate family that inherits, but most states have rules stating that relatives of a certain degree oiut from the nuclear family need to be notified as there may be circumstances where they might inherit if there is no will.

She should talk to the lawyer about what to tell the relatives, get the full names and contact information for each, give it to the lawyer.
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Q: I want to file a wrongful death claim on behalf of my partner. We've been together over a decade but never married.

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

Yes. Under most states law there is no common law marriage. You have zero rights unless married with the exception of any insurance policy where you were designated beneficiary. If there was a will and you were designated beneficiary you may possibly have a right to bring suit. Why not call a member of the Fla. Justice Assn? They give free consultations.
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Q: Can the adult children of a consortium damages award to the wife claim any part of it in the settlement?

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

Depends on their relationship to the decedent, and the law in Tennessee regarding their status. Suggest you contact a member of the Tennessee Assn for Justice--they give free consultations.
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Q: Hello, I am trying to figure out what case type code to put on a summons for wrongful death, is it T90

1 Answer | Asked in Wrongful Death for Connecticut on
Answered on Jan 29, 2017

The clerk or prothonotary should be able to tell you. The complaint is farely straightforward. A Ct Bar Assn CLE coursebook on torts will probably have samples of both--look at them in the County law library.
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Q: If one sibling of a mothers estate is dedignated as the personal representative bringing forth an action related to pain

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

Yes, and the one has to give an accounting. But in most states all siblings can ask to be named co-representatives of the estate. Suggest you cotact a member of the NY State Trial Lawyers Assn if you have concerns about this.
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Q: Is there an instance where going through arbitration for a wrongful death claim would be preferable to a lawsuit?

1 Answer | Asked in Wrongful Death for California on
Answered on Jan 27, 2017

Depnds on the facts. If you had a very tough claim, arbitrators may be more favorable compared with a jury. It depends on who is doing the arbitration. If you don't have an attorney, contact a member of CAOC--they give free consults.
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Q: What is the difference between a civil wrongful death suit and a criminal claim for the death of a loved one?

2 Answers | Asked in Wrongful Death for Illinois on
Answered on Jan 27, 2017

There are many differences, the main one being a civil case is in civil court and a criminal case is in criminal court. In addition, in a criminal case, the government prosecutes the defendant and in a civil suit, you would hire your own civil attorney to represent you. Finally, in criminal court there can be criminal charges imposed on the defendant, whereas in civil court the deceased family will be awarded a monetary judgment, and likely a much higher award that any restitution you may get...
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