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Wrongful Death Questions & Answers

1 Answer | Asked in Wrongful Death for Florida on

Q: Who allocates the Wrongful Death Settlement? Is it the Attorney handling the WD case or Probate attorney? This is in FL.

The WD attorney reached a settlement but now the funds are sitting in the Estate account. We are trying to close out Probate but feel there should be an allocation to the survivors and an allocation towards medical expenses. We feel that the allocation of funds to the survivors should not be part... Read more »

Terrence H Thorgaard answered on Jun 18, 2019

Why don't you ask the attorney who handled the wrongful death case? He or she can do probate if needed, or can refer you to another attorney.

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for California on

Q: Pro bono ?

Dui (drugs) / great bodily injury/ involuntary vehicular manslaugther.

Pro bono attorney in San Bernardino , Ca.

William John Light answered on Jun 16, 2019

Get a public defender. If you want a private attorney, you will have to pay, and for those charges, it isn't cheap. Time to call on your family and friends to chip in.

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1 Answer | Asked in Wrongful Death for Michigan on

Q: If someone passes away and has no will what happens to the deceased persons ashes?

He had a wife and children and step children living parents also

Peter N. Munsing answered on Jun 15, 2019

wife, children get them.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on

Q: I had 2 dogs that I rescued kept them at a my mothers house for over 2yrs I rescued them 7-8 yrs ago I lived with my fa

family member called animal control had dogs removed without notifying me... they are gone. im54 don't have kids I live in arcadia florida went to sheriffs office they said I cannot press charges against them I have over 3,000 dollars invested in them shots ,food and the time I spent with them..... Read more »

Charles M. Baron answered on Jun 14, 2019

Animal control, in most jurisdictions, won't pick up pets unless they've been abused or neglected, not simply because someone calls and says, "I don't want my pets anymore." Don't know if that's the case here, but your first step is to contact animal control to ask the reason for the pick-up and... Read more »

3 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Louisiana on

Q: I need advice on what to do next. My husband was killed in a hit&run in Rayne, LA May17, 2019. I'm lost, need help.

I sent a question early this morning & was asked where the hit & run took place. It was Rayne, LA. I can't get anyone in that parish to release any info to me. He is not listed as an inmate, yet I can't even get the name of his insurance or his toxicology report. I'm disabled & I feel he or his ins... Read more »

Sye J Broussard answered on Jun 14, 2019

I am sorry for your loss. If we have your husband’s name and the responding law enforcement agency, we can get a copy of the police report to utilize to file a claim with the responsible party’s insurance company to hold them accountable.

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3 Answers | Asked in Personal Injury and Wrongful Death for Louisiana on

Q: May 17,2019, my husband was killed in a hit & run accident while riding his bicycle. Who do I contact to know my rights?

He was on a bicycle. The driver fled, but was arrested later that day. Can I sue his insurance for burial fees & pain & suffering? This was in Louisiana, on May 17,2019.

Rahlita D. Thornton answered on Jun 14, 2019

So sorry for your loss. As a cyclist myself I am concerned. I’ve worked with attorneys there on serious accidents. What city did this occur? I may be able to direct you. You should be able to get payments from his insurance.

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1 Answer | Asked in Civil Rights and Wrongful Death for California on

Q: Hi my name is Jaime West. I’m 43 years old disabled adult, female. My disablities are: Cerbral Palsy, and Diabette

Insipidus . I’m wheelchair bound I use an electric wheelchair to get around. In 1985 my mom passed away from   cervical cancer at the age of 29. In 1996 my dad passed away from  a brain aneurysm. At the of 45.I live on my own in Salinas California since May 2009.  I have San Andreas Regional... Read more »

Louis George Fazzi answered on Jun 13, 2019

Here are some legal resources for you to contact in Salinas.

LaPorte Law Firm

119 Cayuga St · (831) 426-2535

Angelina Valle & Associates

1184 Monroe St #6 · (831) 753-0200

Based on my cursory review, either of these offices would likely be able to assist...
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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on

Q: I am in search of someone that can help me obtain the medical records of my deceased wife. I believe she died unjustly.

I believe that the doctor (s) in charge let her pass by stopping her CPR treatment. I know there is a term for it - slow something or other.

William John Light answered on Jun 12, 2019

You can go to the medical records department of the hospital, assuming that is where she was, and fill out the form to request the records. Make sure that you check all of the boxes for every different type of record (progress notes, nurses notes, physicians order, medication administration,... Read more »

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1 Answer | Asked in Criminal Law, Adoption, Probate and Wrongful Death for Tennessee on

Q: What is the distance that Tennessee will extradition

I'm living in Florida and I now have a probation warranty in Tennessee

Mr. Kent Thomas Jones Esq. answered on Jun 9, 2019

I had a guy picked up in Philadelphia, PA by Tennessee Dectectives, because he did not serve his 48 hours for 1st time DUI. He was flown to Tennessee and put in jail.

1 Answer | Asked in Wrongful Death for Massachusetts on

Q: I am being asked to make deposition by former employer due to wrongful death suit, what are my rights?

I worked as assistant manager (manager on duty at time of incident) for school/residential program serving children with autism and developmental disabilities. During a shift many years ago all the children had the flu. One died. Now his family/estate are suing the school and requiring my... Read more »

Lillian J. LaRosa answered on Jun 5, 2019

If you are a witness who has relevant information on a matter before a Court of the Commonwealth and properly served with a subpoena you do need to attend and you have the right to obtain counsel to represent you in the deposition as well. This is akin to jury duty in that participation is... Read more »

1 Answer | Asked in Wrongful Death for Oklahoma on

Q: Who do I need to file a lawsuit against noble county and Perry Oklahoma for Excessive force used against my husband

That ended in his death.

Melissa Oxford answered on May 26, 2019

You can file a 1983 Civil Rights case but since it is a government entity you have a short period of time to initiate the action. Please contact an attorney ASAP to discuss your options.

1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on

Q: Where is the rhetorical tool Pathos found or used in the case of Berghuis vs Thompkins?

Peter N. Munsing answered on May 23, 2019

Sounds like an assignment. The Assignment should be done by the assignee, not by others.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Nevada on

Q: How do I file civil action against my neighbor whose dog attacked my dog? My dog had to be euthanized.

My dog was on his leash. The dog that attacked him was in his home,but he got out because the front door was open.

Peter N. Munsing answered on May 23, 2019

In most states the most you can get for the death of a dog is the "market value" of the dog. You may be able to get negligent infliction of emotional distress--suggest you contact a member of the Nv assn for Justice in the county where this happened--they give free consults.

1 Answer | Asked in Wrongful Death for Maryland on

Q: What’s going to happen if you stole for the mail ?

About 753

Peter N. Munsing answered on May 23, 2019

federal postal violations and state criminal violations are both likely.

1 Answer | Asked in Wrongful Death on

Q: In What jurisdiction in a wrongful death lawsuit does the hearing take place and notice to heirs run in the local paper

In the state of Ms.

Peter N. Munsing answered on May 23, 2019

The suit takes place in the state where the actions that caused the death happened. Suggest you look for the county where the decedent lived at the time of death. That will have the Estate of ____________, the decedent. That will tell you who was notified, the lawyer handling the claim, the lawyer... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Products Liability and Wrongful Death for Arizona on

Q: When States sue drug companies, do they make money from it.

My son was in the Army and got hurt and had to have his whole left hip replaced. Because he was on so many pain meds he lost his life. Can I receive money from these law suits and from all the pain of losing my son and what he had do indure. Gary Phillips flyboyof3@yahoo.com

Peter N. Munsing answered on May 23, 2019

First please ask Justia to take down your email address. You'll get all types of unwanted attention.

Second, as to your question, you need to contact the person at the Attorney General's office to see if they are filing on behalf of the state or on behalf of people in your son's situation,...
Read more »

1 Answer | Asked in Legal Malpractice and Wrongful Death for California on

Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from

Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.

Peter N. Munsing answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

1 Answer | Asked in Wrongful Death for Pennsylvania on

Q: How do I find details of my fathers wrongful death suit in PA from 8 years ago?

Would it be filied in county he lived or county the accident happened? I'm having extreme difficulty finding it. I do not talk to his wife which is the one that filied it. I do know she filied one because my sister and I were going to file but she already had. I just want to see the details of it... Read more »

Peter N. Munsing answered on May 23, 2019

It could be filed either county. Check both. Start with the county where he lived at date of death. they will have an estate opened for purposes of litigation. That will have information on the court case, and an "order of distribution." That says whether someone claimed you and your sister would... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Pennsylvania on

Q: what do I do before statue of limitations expires?

sister passed away in nursing home. She fell 4/6/17. Officer arrived called his wife (she is supervisor which my sister resides), he then asked her what he should do,, tell he if she does not go to the hospital she will go to jail for public drunkness? She never came home, she passed away on May 28... Read more »

Peter N. Munsing answered on May 23, 2019

You should immediately call a member of the Pa. Assn for Justice in the county where it happened --they give free consults. However with a confusing set of facts, and the statute of limitations running May 28th if it hasn't already run, you may not find an attorney willing to take it but make some... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for California on

Q: why is this case necessary in times likes this

Atkins v. Virginia

Rhonda Mae Hixon answered on May 22, 2019

Atkins v Virginia, decided in 2002, held that it is a violation of the 8th Amendment prohibition against cruel and unusual punishment to execute a "mentally retarded" defendant, finding that " the large number of States prohibiting the execution of mentally retarded persons provides powerful... Read more »

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