Lawyers, Answer Questions  & Get Points Log In
Wrongful Death Questions & Answers
2 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: If the GA First Offender Act allows records to be immediately seal, why is the offender listed on Vinelink's website

The motion was filed and the records were sealed immediately. No records appear on any Georgia Department of Correction sites, etc. Is VineLink's (owned by Appriss) site violating the First Offender Act?

Joshua Schiffer
Joshua Schiffer answered on Dec 13, 2019

Allows is the key word. You have to move/motion to seal after the case is concluded (unless the sealing was arranged during the plea) to seal the records.

View More Answers

1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Florida on
Q: My dog was killed by a car driven by a careless driver with only a speed of less than 5 mph. Chose drivr over hoa

Driver chose to drive over appeared intentional definitely cruel conduct.

History of doing this, multiple witnesses all willing to testify , hoa is aware of past that this person is a danger. Nothing done. Appears culpable negligence

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

What does the HOA have to do with it? If you believe a crime was committed, report it to the local law enforcement authorities.

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Kentucky on
Q: Emt drivers failed to shut my gate to my house after leaving allowing my daughter to get out and get in my car and pass

They allowed my daughter out of my house and gate I use to keep her from leaving and out of danger since they left it open my daughter was able to get in my car and pass away from hyperthermia

Timothy Denison
Timothy Denison answered on Dec 2, 2019

Substantially more facts are needed to make a determination regarding liability.

2 Answers | Asked in Wrongful Death for Texas on
Q: A friends son was killed when a vehicle made a uturn right in front of him.

First report shows drugs in her system.Second report shows none. Case was dropped. How can father pursue this?Seems to be a coverup.

Robert C. Slim
Robert C. Slim answered on Nov 27, 2019

Your friend needs to contact a personal injury attorney right away. This is far too serious of a situation to delay seeking legal advice. The consultation would be totally free. There is no reason not to take advantage of a free consultation.

View More Answers

1 Answer | Asked in Wrongful Death for Tennessee on
Q: Is there anything that can be done after an heir signs off on an estate? My niece is an heir to a wrongful death suit.

The lawsuit was nondisclosure and her mother told her that the lawyer said everyone would lose all proceeds if she sues because no one is allowed to say what the amount is. She doesn't know what she is even entitled to, but it is much more than offered. She is 20 years old. She absolutely did... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 25, 2019

The Niece needs to hire an attorney. It is not your concern. She may or may not have received consideration, but I suspect you have no knowledge. I do not know who the Decedent was, but it is possible the Mother is entitled to a larger share than others, or an equal amount. It may even be a... Read more »

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: What can i do about my dog being put to sleep without my consent?

I ask my family members in Kissimmee, Florida to see if they can watch over my dog while i completed my tour in Korea. I gave them my dog September 2018 and is being over 1 yr. Apparently my dog was playing with their little yorkie and my dog she is american bulldog. So while fighting over a toy... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

Regarding the issue of pressing a criminal charge (such as destruction of personal property), that is a question for the local law enforcement authorities. Regarding the issue of seeking money damages from the shelter and/or from family member(s), you do have potential claims there, though... Read more »

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Wrongful Death for Louisiana on
Q: Is Filiation and Paternity the same thing? Also is there a peremption period to establish paternity after death?

Louisiana Vital Records require a court ordered Judgment of Paternity to amend / add a father. My father has been deceased since April 1991 and it is now Nov 2019. Is there peremption period that could cause my case to be dismissed?

My father legitimated and became my presumed father. I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 22, 2019

Filiation and paternity are the same thing. If you were acknowledged or legitimated, your attorney should be able to obtain a Judgment of Paternity and ordering Vital Records to add his name to your birth certificate. However, how could this matter 28 years after his death?

1 Answer | Asked in Wrongful Death for Tennessee on
Q: How do I get my portion of net proceeds from wrongful death suit when my parent refuses to pay me my rightful 1/3 share?

She filed lawsuit in only her name. She told me I was entitled to nothing and if I retain a lawyer, that I might get judgment, but her attorney implied that I may not be able to collect it and judgment means nothing. She first said I am entitled to nothing, then offered a small amount, then it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 20, 2019

Why did you set on your rights when you knew the Suit was going on? If Mother is an Executrix then there must be a probated Will, which may have excluded you. Check at Probate. If no Will then the Next of Kin should have been beneficiaries, and preferably Party Plaintiffs. Immediately hire... Read more »

1 Answer | Asked in Wrongful Death for California on
Q: my brother filed a wrongful death suit in calif. and named my siblings and I as nominal defendants what does that mean
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 11, 2019

In a wrongful death suit, all people who are allowed to bring the claim must be made parties to the lawsuit, so the case can take care of all possible claims. If a party who qualifies does not want to be a plaintiff, they must be named as a nominal defendant. If you would rather be a plaintiff,... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Idaho on
Q: If someone gives someone meth and gets high with them multiple times Breaks their sobriety.They commit adultery.

Then he stays with wife .tries to be sober. Commits suicide . Can that person be charged ? Adultery ? involuntary manslaughter? Or? Criminally?

Can they be sued? Wrongful death? Alienation of affection ? Or?

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

I'm very sorry for this tragic situation. An Idaho attorney could answer you best, but your post remains open for three weeks. In terms of the criminal issues, a criminal defense attorney is qualified to address those. In terms of the civil issues, there is usually a requisite element of... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Colorado on
Q: Can I get compensation for my neighbor shooting my registered breeding dog in Colorado?

My neighbor runs a feedlot and my young registered breeding dog visited the feedlot and he shot her. He never talked to us before he shot her or asked us to come and get her he just shot her. She never killed any animals and I was training her to stay home but she was only 7 months old and still... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 29, 2019

Yes you can sue to get your $2,000 back.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Q: there Is a lot of blank pages in my deceased fathers medical care report and other odd stuff .

Electronically signed dates are like the next day. Then one op note was added like a month later.

One part says he was taken to recovery doing well without problems then it’s the same papers but it says death. But they say he died i the catch lab.

He was givin too much... Read more »

Robert Hallack
Robert Hallack answered on Oct 24, 2019

These are questions which cannot be answered without further review of the records either by an attorney or another physician. Blank pages and late signings are not unusual practices in and of themselves to warrant suspicion. Please keep in mind that you only have one year from the date of the... Read more »

3 Answers | Asked in Nursing Home Abuse and Wrongful Death for West Virginia on
Q: nursing home wrongful death lawsuit payout in WV

Nursing home wrongful death law suit.

D. Michael Burke Esq
D. Michael Burke Esq answered on Oct 22, 2019

What is the question?

View More Answers

1 Answer | Asked in Wrongful Death for Illinois on
Q: Husband misdiagnosed for a year ,found out has stage 4 cancer ,died less than 3onths later

Husband felt ill,.multiple symptoms,.Everytime we went to same hospital and they would give us a diagnosis that would end us back there every month or 2 untill a year or ? Later he went and they told him nothing they could find. They wanted to dismiss him but he told them that no they had to check... Read more »

Charles Candiano
Charles Candiano answered on Oct 22, 2019

You are not alleging Wrongful Death, you are alleging medical malpractice. You should NOT have waited so long. Do you have a doctor who can testify that the failure to diagnose resulted in his death? Are you sure that the cancer from which he suffered would not have been fatal even if diagnosed... Read more »

Q: My daughters father took his own life, he was severely bipolar. His doctor was trying a new med knowing he was suicidal.

He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal attorney in... Read more »

1 Answer | Asked in Wrongful Death for South Carolina on
Q: Our unwed child died and we adopted her infant son. How would the award be distributed in a wrongful death case?
Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

SC Code 15-51-20 states that the proceeds of a wrongful death action shall go to the spouse or children. Assuming that the child is under the age of majority the proceeds will have to be placed into a conservatorship for the benefit of the child. If you have not contacted and attorney yet that is... Read more »

1 Answer | Asked in Probate and Wrongful Death for California on
Q: can a settlement from a wrongful death MDL be forced into probate 18 years after the persons death?

My husband was killed in a defective car 18 years ago. The case turned into an MDL due to the number of people injured. Now that company is saying our portion of the settlement HAS to be put through probate even though there are only two of us ( his son and wife) that are eligilble to collect any... Read more »

Bill Sweeney
Bill Sweeney answered on Sep 26, 2019

Please refer to my article at: https://www.sweeneyprobatelaw.com/Articles/Understanding-Wrongful-Death-And-Survival-Actions.shtml

1 Answer | Asked in Car Accidents, Wrongful Death and Traffic Tickets for Missouri on
Q: My son died in an accident Nov, 2018, when an uninsured motorist tried to make a left turn in front of him.

I let the investigating officer know that the driver had no insurance, and provided my sons insurance info to them. The prosecutor says there is nothing in the reports about her having no insurance. Now, the prosecutor is saying the statute of limitations has passed, and she will not get a ticket.... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 20, 2019

I'm so sorry for the loss of your son, and for your question remaining open for four weeks. At this point, maybe you could contact an attorney or investigator in Missouri to retrieve the file and review it. With sympathy, good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: My son was killed in 2009, the case was sealed, is there any way to get depositions unsealed. thank you C. Houseknecht
Arslan Abid
Arslan Abid answered on Sep 18, 2019

Depositions can be taken out with the leave of the court with condition that the depositions will be brought before the court when ever needed by the court, if the case has not been disposed off. You must contact a local lawyer who will draft its application and will proceed.

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.