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: What kind of taxes would we need to pay on any settlement we'd get?
Mark Oakley's answer
Ordinarily, lump sum amounts recovered for compensatory damages awarded in wrongful death claims are not taxable. If the recovery is not related to compensation for personal injuries, but for economic losses like lost wages, and the dollar amount is separately stated in the recovery, then those amounts remain subject to tax. However, in most cases, the recovery is a single lump sum covering pain and suffering and other types of damages, economic as well as non-economic, so the amount is...
Ordinarily, lump sum amounts recovered for compensatory damages awarded in wrongful death claims are not taxable. If the recovery is not related to compensation for personal injuries, but for economic losses like lost wages, and the dollar amount is separately stated in the recovery, then those amounts remain subject to tax. However, in most cases, the recovery is a single lump sum covering pain and suffering and other types of damages, economic as well as non-economic, so the amount is...
Q: unlicensed driver in accident killed other person. charged w/manslaughter. is serving time absolute mandatory
3 Answers
| Asked
in
Car Accidents, Criminal Law and Wrongful Death
for
California
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Dale S. Gribow's answer
More info needed
Was driver under influence?
Did he ever have CDL?
Why was lic taken away? Or never licensed?
If already sentenced it might be late to ask the question...
I assume lawyer was appt’d For him.. who knows all facts. You should pose questions to that lawyer
More info needed
Was driver under influence?
Did he ever have CDL?
Why was lic taken away? Or never licensed?
If already sentenced it might be late to ask the question...
I assume lawyer was appt’d For him.. who knows all facts. You should pose questions to that lawyer
Q: We're confused about wrongful death and a survivor's lawsuit - they sound kind of the same to us - is that the case?
William John Light's answer
No. Wrongful death is a case brought by the family members who have lost the love, comfort, society and affection of the decedent. A survivor's action is brought on behalf of the estate of the decedent for the decedent's own damages that "survive" the decedent's death. Consult with a PI attorney for a full evaluation of your case.
No. Wrongful death is a case brought by the family members who have lost the love, comfort, society and affection of the decedent. A survivor's action is brought on behalf of the estate of the decedent for the decedent's own damages that "survive" the decedent's death. Consult with a PI attorney for a full evaluation of your case.
Q: About how long does it take to reach a settlement in a wrongful death case?
Timur Akpinar's answer
I do not practice in Oklahoma but your question hasn’t been picked up in three weeks. The answer to this question can hinge upon a number of factors. It can depend on how the interests for the defendant are reacting to being presented with a wrongful death claim, in terms of whether they are conceding liability or contesting liability. Even if this point is resolved, there can be issues as to how each side quantifies the element of damages. If the matter is in suit, how far has discovery...
I do not practice in Oklahoma but your question hasn’t been picked up in three weeks. The answer to this question can hinge upon a number of factors. It can depend on how the interests for the defendant are reacting to being presented with a wrongful death claim, in terms of whether they are conceding liability or contesting liability. Even if this point is resolved, there can be issues as to how each side quantifies the element of damages. If the matter is in suit, how far has discovery...
Q: Can A person on parole with a conviction of cruelty to children be allowed to be alone w/ a child?
Regina Irene Edwards' answer
Possibly. It depends on the circumstances. Every family law case is different.
Possibly. It depends on the circumstances. Every family law case is different.
Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????
2 Answers
| Asked
in
Car Accidents, Criminal Law, DUI / DWI and Wrongful Death
for
Arkansas
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
James E Hensley Jr's answer
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.
Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her
1 Answer
| Asked
in
Criminal Law, Medical Malpractice and Wrongful Death
for
Texas
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Peter Munsing's answer
Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.
Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.
Q: My husband recently passed away from going into anafalatic shock none of the first responders had an epipen
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
Louisiana
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Peter Munsing's answer
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.
Q: Can someone get off running down there mother in Hawaii and pretend its the doctors fault
Peter Munsing's answer
People are found not guilty for many reasons. There aren't enough facts to answer this, and also any answer would be hypothetical because what matters is what the DA thinks they can prove--and what they can't.
People are found not guilty for many reasons. There aren't enough facts to answer this, and also any answer would be hypothetical because what matters is what the DA thinks they can prove--and what they can't.
Q: A person threatened to hunt me down and break my legs tonight via messenger (several times), and I have evidence.
1 Answer
| Asked
in
Libel & Slander, Personal Injury and Wrongful Death
for
Kansas
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Q: How do I find a lawyer that will do my case as a Pro Bono? I don't have much money if any and I really need some help.
2 Answers
| Asked
in
Criminal Law, Domestic Violence and Wrongful Death
for
Alaska
on
Answered on Sep 29, 2018
Answered on Sep 29, 2018
Gary Kollin's answer
Yes. There is an entire law firm. It is called the Public Defender's Office.
If you asking I seek a law firm for you, what can I tell the firm about the following?
What makes you special that you should deserve free services?
Have you paid it forward? That means what have you previously done without compensation without any belief that you would ever receive any benefit. Saying you would do it now is not paying it forward; it is better.
Yes. There is an entire law firm. It is called the Public Defender's Office.
If you asking I seek a law firm for you, what can I tell the firm about the following?
What makes you special that you should deserve free services?
Have you paid it forward? That means what have you previously done without compensation without any belief that you would ever receive any benefit. Saying you would do it now is not paying it forward; it is better.
Q: How and where do i file wrongful death lawsuit?
William John Light's answer
You need an Idaho attorney. Although you could file in Federal Court in Boise or Pocatello based on diversity jurisdiction. If you chose that, any attorney admitted to the 9th Circuit (of which California is a part) could represent you. This is not a do it yourself project.
You need an Idaho attorney. Although you could file in Federal Court in Boise or Pocatello based on diversity jurisdiction. If you chose that, any attorney admitted to the 9th Circuit (of which California is a part) could represent you. This is not a do it yourself project.
Q: Can we file a claim even if the other person was not found directly at fault?
James A. Swartz's answer
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged wrongful death. There may be more than one legal cause of such an incident, however the particular facts would need to be known in order to assess potential claims.
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged wrongful death. There may be more than one legal cause of such an incident, however the particular facts would need to be known in order to assess potential claims.
Q: When does an inheritance have to be received in Pennsylvania?
Kathryn Hilbush's answer
You might want to try again with this question, giving just a bit more information. Are you asking how long you have to wait before you receive something you inherited? That would depend on quite a few factors, such as what it is, is it being divided among other heirs, is it in a form that would allow it to be transferred to you, is the estate settled, and so on.
You might want to try again with this question, giving just a bit more information. Are you asking how long you have to wait before you receive something you inherited? That would depend on quite a few factors, such as what it is, is it being divided among other heirs, is it in a form that would allow it to be transferred to you, is the estate settled, and so on.
Q: Is it legal for the humane society to kill mass quanitys of cats then freeze them and sell the carcus??
1 Answer
| Asked
in
Adoption, Wrongful Death, Criminal Law and Animal / Dog Law
for
Kentucky
on
Answered on Sep 24, 2018
Answered on Sep 24, 2018
Q: If someone ran over my dog and it wasn't registered. What could I do about it? Please response when you can. Thank you.
William John Light's answer
You can sue in Small Claims for the value of the dog based upon negligence of the driver. However, if your dog was off leash and running in the street, expect any claim to be reduced by your proportion of comparative fault, which will be extensive.
You can sue in Small Claims for the value of the dog based upon negligence of the driver. However, if your dog was off leash and running in the street, expect any claim to be reduced by your proportion of comparative fault, which will be extensive.
Q: lets say i am fighting a case for driving under the influence of meth and there were half a dozen other cars involved
1 Answer
| Asked
in
Car Accidents, Criminal Law and Wrongful Death
for
California
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Dale S. Gribow's answer
much more info needed
be careful what you post as anyone can see it.
you have a right to change lawyers.
what courthouse are you in?
if you can afford it i will give you the names of the 2 or 3 best DUI lawyers in California.................
dale@dalegribowlaw.com or 760 8377500
much more info needed
be careful what you post as anyone can see it.
you have a right to change lawyers.
what courthouse are you in?
if you can afford it i will give you the names of the 2 or 3 best DUI lawyers in California.................
dale@dalegribowlaw.com or 760 8377500
Q: Can officers shoot my dog during an eviction
William John Light's answer
Yes, it's legal. The officer was warned that your dog was aggressive. Your dog tried to bite the offer and, in fact, bit his pants. Your dog demonstrated that he was a threat to the officer's safety, even though you had restrained him at that moment. There was no guarantee that your restraint was permanent and that the threat would not reappear. The officer doesn't have to wait until he is being mauled.
Yes, it's legal. The officer was warned that your dog was aggressive. Your dog tried to bite the offer and, in fact, bit his pants. Your dog demonstrated that he was a threat to the officer's safety, even though you had restrained him at that moment. There was no guarantee that your restraint was permanent and that the threat would not reappear. The officer doesn't have to wait until he is being mauled.
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.
