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...
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.
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...
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.
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.
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).
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.
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.
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.
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.
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?
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...
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.
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.
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