Wrongful Death Questions & Answers by State
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Wrongful Death Questions & Answers
Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?
Kurt Holzer's answer
First, I am so sorry to hear of this tragic loss. As to the law, wrongful death claims in Idaho are controlled by Idaho Code section 5-311. Under that statute, the children and you as parent all have wrongful death claims that can be pursued. Generally claims can either be brought by the personal representative of the estate of the decedent or individually by the various claimants. In this case, the claims of the minor children can be brought by their legal guardians. You can learn more...
First, I am so sorry to hear of this tragic loss. As to the law, wrongful death claims in Idaho are controlled by Idaho Code section 5-311. Under that statute, the children and you as parent all have wrongful death claims that can be pursued. Generally claims can either be brought by the personal representative of the estate of the decedent or individually by the various claimants. In this case, the claims of the minor children can be brought by their legal guardians. You can learn more...
Q: In Mississippi what reason would police not have to test a person who hit a pedestrian who died as result of injuries?
1 Answer
| Asked
in
Car Accidents, Civil Rights and Wrongful Death
for
Mississippi
on
Answered on Apr 6, 2019
Answered on Apr 6, 2019
Peter N. Munsing's answer
No great reason unless the person had no sign of alcohol and claimed no use--they need probable cause, and if the person wasn't dead on the scene the fact there is a hit isn't enough.
No great reason unless the person had no sign of alcohol and claimed no use--they need probable cause, and if the person wasn't dead on the scene the fact there is a hit isn't enough.
Q: My friend lost her daughter in a car accident. She was on the crosswalk in a 30mph zone close to the traffic light area.
Peter N. Munsing's answer
Yes, she should contact a member of the NH Assn for Justice--they give free consults.
Yes, she should contact a member of the NH Assn for Justice--they give free consults.
Q: What can a widow and child collect for death of husband and father who was killed in a car accident
David Tapalian's answer
As an attorney licensed to practice law in Florida, Rhode Island and Massachusetts, we can help you. A lot of the information that we need to assist you in determining your case, is very fact intensive and private. There are a lot of factors in answering this question. Some of them include, the amount of insurance that each party had including any under insured motorist coverage. The appropriate way for us to ascertain the details of the case and to advise you, would be for you to contact...
As an attorney licensed to practice law in Florida, Rhode Island and Massachusetts, we can help you. A lot of the information that we need to assist you in determining your case, is very fact intensive and private. There are a lot of factors in answering this question. Some of them include, the amount of insurance that each party had including any under insured motorist coverage. The appropriate way for us to ascertain the details of the case and to advise you, would be for you to contact...
Q: my dad was killed in a vehicle accident . is it law to take blood samples from the driver
Douglas Lee Bryan's answer
Yes, the police will take a blood sample from all drivers involved as part of their investigation. My condolences on your loss.
Yes, the police will take a blood sample from all drivers involved as part of their investigation. My condolences on your loss.
Q: Which has priority? Wrongful death claim or claims by insurance companies for property damage for claims they paid out?
William John Light's answer
Neither. Bodily injury claims and property damage claims have separate limits in liability policies. The damages paid out for one does not affect the other. Facts to consider include the number of claimants, the economic damages (loss of financial support due to absence of the decedent), comparative fault, etc. Consult with a personal injury attorney for specific advice pertaining to your case.
Neither. Bodily injury claims and property damage claims have separate limits in liability policies. The damages paid out for one does not affect the other. Facts to consider include the number of claimants, the economic damages (loss of financial support due to absence of the decedent), comparative fault, etc. Consult with a personal injury attorney for specific advice pertaining to your case.
Q: Charges for someone inciting a fight and driving one of the people to fight on the other person's property.
Daniel P Leavitt's answer
It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.
It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.
Q: Can I wait to hire a probate attorney in a pending wrongful death case? Probate is open and no assests unless we win.
David Hughes Harris' answer
So sorry for your loss. Not sure what this question is really asking, but under Florida law, there is two (2) year statute of limitations on wrongful death claims. See Fla. Stat. 95.11(4)(d).
So sorry for your loss. Not sure what this question is really asking, but under Florida law, there is two (2) year statute of limitations on wrongful death claims. See Fla. Stat. 95.11(4)(d).
Q: arrested for vehicular manslaughter on atv but blood results for alcohol came back normal, what happens next?
3 Answers
| Asked
in
Criminal Law, Car Accidents and Wrongful Death
for
California
on
Answered on Feb 27, 2019
Answered on Feb 27, 2019
William John Light's answer
It could be over tomorrow. It could go through trial and appeals and take years. Every case is different. What happens to the driver depends on the facts of the incident, which you haven't shared.
It could be over tomorrow. It could go through trial and appeals and take years. Every case is different. What happens to the driver depends on the facts of the incident, which you haven't shared.
Q: If my brother was killed by a cop in his own back yard. What if anything can I do?
Rahlita D. Thornton's answer
Without more facts and details this question can not be answered with any full legal analysis. If you believe it was a violation of his civil rights then you should consult a lawyer as soon as possible. Good luck and sorry for your loss.
Without more facts and details this question can not be answered with any full legal analysis. If you believe it was a violation of his civil rights then you should consult a lawyer as soon as possible. Good luck and sorry for your loss.
Q: How do I go about getting a phone unlocked that may obtain crucial evidence about my sisters death involving fentanyl?
William John Light's answer
Not sure, but I would contact the phone manufacturer with evidence that I was the heir, or had legal authority to access the phone, and request its help.
Not sure, but I would contact the phone manufacturer with evidence that I was the heir, or had legal authority to access the phone, and request its help.
Q: My son got hit by a car he’s brain-dead what do I do how do
Jonathan Bradford Ripps' answer
Hello – I am terribly sorry for your situation. You should contact an attorney immediately in order to discuss causes of action. We are available if you would like to speak further.
Jon Ripps
Hello – I am terribly sorry for your situation. You should contact an attorney immediately in order to discuss causes of action. We are available if you would like to speak further.
Jon Ripps
Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?
2 Answers
| Asked
in
Personal Injury, Medical Malpractice and Wrongful Death
for
Pennsylvania
on
Answered on Feb 21, 2019
Answered on Feb 21, 2019
Mark Scoblionko's answer
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.
Q: Is it illegal to kill the other persons dog if both dogs are engaged in fighting and neither owner can break them apart?
William John Light's answer
If you had a case, it would be for the value of the dog. I don't know whether what he did was illegal. However, if he had called the police instead, what do you think they would have done?
If you had a case, it would be for the value of the dog. I don't know whether what he did was illegal. However, if he had called the police instead, what do you think they would have done?
Q: I was involved in a very bad car accident in Maryland I am a Florida resident I was hit by a guy who was on heroin
2 Answers
| Asked
in
Car Accidents, Personal Injury and Wrongful Death
for
Florida
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Gregg M. Hollander's answer
I'm so sorry to hear about your loss. Please accept my condolences.
The answer to your question is just not that simple. First, where did the accident happen? If it happened in Florida, the owner of the at-fault vehicle is considered primarily responsible and can be sued as long as the person driving the car had the owners permission and consent to do so.
As far as whether or not you can sue and what damages you can collect would depend on things such as your age and...
I'm so sorry to hear about your loss. Please accept my condolences.
The answer to your question is just not that simple. First, where did the accident happen? If it happened in Florida, the owner of the at-fault vehicle is considered primarily responsible and can be sued as long as the person driving the car had the owners permission and consent to do so.
As far as whether or not you can sue and what damages you can collect would depend on things such as your age and...
Q: If you settle with a tort claim (o.c g.a. subsection 9-11-67.1) can you still be suit in civil court for wrongful death?
Peter N. Munsing's answer
Assuming part of the settlement was a release generally no, though it depends who was released. Get a copy of the release, talk to the lawyer the insurance company paid to represent you.
Assuming part of the settlement was a release generally no, though it depends who was released. Get a copy of the release, talk to the lawyer the insurance company paid to represent you.
Q: . The family is looking for help to get his murderer(s) brought to justice. What can we do? She also is his beneficiary
1 Answer
| Asked
in
Criminal Law, Car Accidents and Wrongful Death
for
Texas
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Grant St Julian III's answer
If a beneficiary on a life insurance policy is found guilty of murder of the insured, she/he will not receive the proceeds of the policy. You will have to talk with the DA assigned to the case regarding prosecution. Sorry for your loss.
If a beneficiary on a life insurance policy is found guilty of murder of the insured, she/he will not receive the proceeds of the policy. You will have to talk with the DA assigned to the case regarding prosecution. Sorry for your loss.
Q: death due to negligence
Elizabeth Tarasi's answer
The car accident was the cause of her untimely death not the fact that she was in the car going to an interview.
The car accident was the cause of her untimely death not the fact that she was in the car going to an interview.
Q: If a person commits suicide, Can that person claiming they caused it go to jail
Matthew Williams' answer
Some prosecutors have begun experimenting with bringing charges against people accused of bullying a person into committing suicide.
Some prosecutors have begun experimenting with bringing charges against people accused of bullying a person into committing suicide.
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