Wrongful Death Questions & Answers by State
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Wrongful Death Questions & Answers
Q: How can I get legal custody of my 2 great-nephews whose mother and 2yr old sister were just killed in an auto accident?
1 Answer
| Asked
in
Adoption, Child Custody and Wrongful Death
for
Minnesota
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
D. Patrick McCullough's answer
Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.
Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.
Q: What happens if one of multiple heirs to a wrongful death suit doesn't want the other heirs to sue?
Peter Munsing's answer
The heirs that believe a suit is appropriate should raise an estate. That person can chose not to receive money.
The heirs that believe a suit is appropriate should raise an estate. That person can chose not to receive money.
Q: How realistic is it for survivors to receive damages for emotional distress? How is it quantified?
Peter Munsing's answer
Depends on who they are. If they witnessed, if they are immediate family, possibly. Contact a member of the NYState Trial Lawyers Assn if you don't have an attorney.
Depends on who they are. If they witnessed, if they are immediate family, possibly. Contact a member of the NYState Trial Lawyers Assn if you don't have an attorney.
Q: Are pregnant mothers treated differently than non-pregnant women in wrongful death lawsuits?
Peter Munsing's answer
Depends on if they are the decedent or not. Generally no. If you have a claim contact a member of the Texasd Trial Lawyers Assn-they give free consults.
Depends on if they are the decedent or not. Generally no. If you have a claim contact a member of the Texasd Trial Lawyers Assn-they give free consults.
Q: In a wrongful death case with multiple heirs, should each heir hire her own attorney?
Mark Oakley's answer
It is each heir's option, but if all can agree to the percentage share of any recovery, then it would be more efficient for one lawyer to handle the entire claim, and may reduce costs and fees for all. However, if those entitled by statute to participate cannot agree or get along, then disputes may prevent one lawyer from acting for all.
It is each heir's option, but if all can agree to the percentage share of any recovery, then it would be more efficient for one lawyer to handle the entire claim, and may reduce costs and fees for all. However, if those entitled by statute to participate cannot agree or get along, then disputes may prevent one lawyer from acting for all.
Q: In a wrongful death case with multiple heirs, are damages always divided equally?
Charles Candiano's answer
There are VERY few rules that "always" apply. The closest you come to always in this situation is that the heirs decide among themselves. BEFORE any funds can be distributed, the Judge MUST approve the distribution which he will ALWAYS do provided that all heirs are in agreement. The most common default where all heirs are children or all heirs are siblings is equal distribution. Whether you are the special administrator/ administratrix or not, you are paying the attorney who is prosecuting...
There are VERY few rules that "always" apply. The closest you come to always in this situation is that the heirs decide among themselves. BEFORE any funds can be distributed, the Judge MUST approve the distribution which he will ALWAYS do provided that all heirs are in agreement. The most common default where all heirs are children or all heirs are siblings is equal distribution. Whether you are the special administrator/ administratrix or not, you are paying the attorney who is prosecuting...
Q: If a class action lawsuit that is done in tiers and the person dies wouldn't that be the highest tier and changed .
C.B. Upton's answer
There a several steps your friend will need to take to setup the wrongful death claim, including establishing an estate. If the wrongful death was caused by the product in the lawsuit, I am not clear why it wouldn't increase the settlement value. That is something your friend will need to talk to her attorney about.
There a several steps your friend will need to take to setup the wrongful death claim, including establishing an estate. If the wrongful death was caused by the product in the lawsuit, I am not clear why it wouldn't increase the settlement value. That is something your friend will need to talk to her attorney about.
Q: Wrongful death 4 dogs killed her neighbors dogs
William John Light's answer
That's not wrongful death. Wrongful Death is a creation of statute which applies to the death of a human. Death of a dog is a property loss. If the other dog owner is at fault, the owner of the deceased dog can sue for the market value of the deceased dog, possibly trespass. It sounds like a Small Claims case.
That's not wrongful death. Wrongful Death is a creation of statute which applies to the death of a human. Death of a dog is a property loss. If the other dog owner is at fault, the owner of the deceased dog can sue for the market value of the deceased dog, possibly trespass. It sounds like a Small Claims case.
Q: W/If a kid (under the age of 15) breaks into my home, and uses my easily accessible (not locked up) gun to kill himself?
Terrence H Thorgaard's answer
Are you asking if you could be found to be liable for wrongful death? By "breaks in", I'm assuming that, in your scenario, the doors were locked. It's not likely, but in the event it does happen you should contact your homeowner's insurance company.
Are you asking if you could be found to be liable for wrongful death? By "breaks in", I'm assuming that, in your scenario, the doors were locked. It's not likely, but in the event it does happen you should contact your homeowner's insurance company.
Q: Two different people ran over two of my dogs , in a 15 minute period , while I was tending to my dog whisper a car came
1 Answer
| Asked
in
Animal / Dog Law, Car Accidents and Wrongful Death
for
West Virginia
on
Answered on Apr 8, 2018
Answered on Apr 8, 2018
D. Michael Burke Esq's answer
It appears from your question that you do not know the identity of either of the drivers. Without knowing who the drivers were, it would be impossible to take action against them. Even if you knew who the drivers were, a civil case would have limited value in West Virginia. West Virginia law considers dogs to be personal property, and the measure of your loss is based on the fair market value of your dogs, in other words what you could have sold the dogs for. You might also be able to make a...
It appears from your question that you do not know the identity of either of the drivers. Without knowing who the drivers were, it would be impossible to take action against them. Even if you knew who the drivers were, a civil case would have limited value in West Virginia. West Virginia law considers dogs to be personal property, and the measure of your loss is based on the fair market value of your dogs, in other words what you could have sold the dogs for. You might also be able to make a...
Q: Could my mother's cancer been caused by Johnson & Johnson talc powder.
Ronald J. Eisenberg's answer
St. Louis City has become the hotbed for these lawsuits. Do a Google search for talc cases in St. Louis and contact an attorney who filed these cases.
St. Louis City has become the hotbed for these lawsuits. Do a Google search for talc cases in St. Louis and contact an attorney who filed these cases.
Q: If my lawyer didnt turn in my release form for the release of my money does that affect the 60 day hold
Douglas Lee Bryan's answer
I don't understand your question. But if you have an attorney, I would suggest that you address the question to him.
I don't understand your question. But if you have an attorney, I would suggest that you address the question to him.
Q: Both of my parents were killed in a terrible accident. Do I make two separate wrongful death claims or just one?
David Hughes Harris' answer
So sorry to hear of the terrible losses you suffered. Unimaginable.
Each individual parent has his/her own estate. Accordingly, you would be appointed Personal Representative of each respective estate. And, generally, both estates could file a claim the same wrongful death civil proceeding. Each auto insurance will generally allocate an equal amount to each parent as per the policies.
I wish you the very best and again extend my condolences to you.
So sorry to hear of the terrible losses you suffered. Unimaginable.
Each individual parent has his/her own estate. Accordingly, you would be appointed Personal Representative of each respective estate. And, generally, both estates could file a claim the same wrongful death civil proceeding. Each auto insurance will generally allocate an equal amount to each parent as per the policies.
I wish you the very best and again extend my condolences to you.
Q: Can I file a wrongful death claim on behalf of a deceased pet?
William John Light's answer
Generally, no. If, however, the pet died due to a Defendant's intentional act, emotional distress damages might be recovered. http://caselaw.findlaw.com/ca-court-of-appeal/1611024.html
Generally, no. If, however, the pet died due to a Defendant's intentional act, emotional distress damages might be recovered. http://caselaw.findlaw.com/ca-court-of-appeal/1611024.html
Q: can you sue a company 49 years later for wrongful death.father dies in a 1 car accident while drunk.
Kim Jones Penepacker's answer
Most likely the claim would be barred by the statute of limitations, but you should contact an attorney who practices personal injury law in Missouri to discuss this further.
Most likely the claim would be barred by the statute of limitations, but you should contact an attorney who practices personal injury law in Missouri to discuss this further.
Q: If the state decides to bring a criminal charge against someone I wanted to sue for wrongful death, can I sue
Kim Jones Penepacker's answer
If you are within the statute of limitations and the facts of the case permit a civil suit from the same event, then you can have simultaneous proceedings. You should contact a personal injury attorney in Texas to discuss the facts of your case.
If you are within the statute of limitations and the facts of the case permit a civil suit from the same event, then you can have simultaneous proceedings. You should contact a personal injury attorney in Texas to discuss the facts of your case.
Q: Can a college be liable if a non-student is murdered on campus?
Mark Oakley's answer
Yes, if the death was proximately caused by a negligent act or omission of the college, and the non-student was not illegally on the property. You provide no factual basis to make a determination.
Yes, if the death was proximately caused by a negligent act or omission of the college, and the non-student was not illegally on the property. You provide no factual basis to make a determination.
Q: can i sue the pill companies for my moms death they had her on oxycodone and percocets also xanax and ambien
Peter Munsing's answer
Possibly. Contact a member of the State Of Washington Trial Lawyers Assn that handles pharmaceutical products.
Possibly. Contact a member of the State Of Washington Trial Lawyers Assn that handles pharmaceutical products.
Q: in georgia, can a parent recover for loss of consortium of an adult child in a wrongful death action?
Peter Munsing's answer
The law of the state where it happened governed. You want to speak with an attorney who handles wrongful death and survival cases , and the attorney should be a member of the state's trial lawyers association.
The law of the state where it happened governed. You want to speak with an attorney who handles wrongful death and survival cases , and the attorney should be a member of the state's trial lawyers association.
Q: Told vet to use harness when walking, will slip out of slip leash, she did , gate open, dog killed in road, can I sue
1 Answer
| Asked
in
Animal / Dog Law and Wrongful Death
for
North Carolina
on
Answered on Mar 26, 2018
Answered on Mar 26, 2018
Peter Munsing's answer
You can only sue for the market value of the dog in most states. If your dog had a sale value of $80, that's all you get.
You can only sue for the market value of the dog in most states. If your dog had a sale value of $80, that's all you get.
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