Wrongful Death Questions & Answers by State

Wrongful Death Questions & Answers

Q: For a death resulting from a fire in an unsafe structure, would the landlord or the city be legally responsible?

1 Answer | Asked in Wrongful Death for Illinois on
Answered on May 26, 2017

Potentially both. It is impossible to address all possible circumstances where liability might be imposed without more information than what you have provided. You should consult an attorney immediately in order to protect and preserve your rights. There are strict time limits governing suits for wrongful death.
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Q: My son has passed away and I'm not allowed to see my grandchildren.Do I have any rights at all in Florida.

1 Answer | Asked in Wrongful Death for Florida on
Answered on May 25, 2017

She is probably not liable for his [suicide, I assume], arguably could have been prevented had she told the people at the clinic that he was suicidal. I don't know that she had a duty to report his mental state.

But you very well may have a right to see your grandchildren (minor children of your late son and the girlfriend, I assume).
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Q: I have received notice that I am able to claim a portion of a wrongful death settlement. The suit was filed my my step

1 Answer | Asked in Wrongful Death for Virginia on
Answered on May 23, 2017

You should at least talk to the attorney about the proposed division, get something in writing, if you aren't sure then go to the hearing. He was your dad and it may bring you a bit of closure. End of the estate!
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Q: My question is simple my sister was killed when struck by a driver in Safford Arizona recently. Now her biological

2 Answers | Asked in Wrongful Death for Arizona on
Answered on May 23, 2017

We are very sorry for your loss.

In Arizona, here is who can file a wrongful death claim: the surviving spouse of a decedent, the surviving children of a decedent and a surviving parent or guardian of a decedent. Many wrongful death attorneys offer free case consultations. Your situation does sound complicated. It is advisable to reach out to a wrongful death attorney and have a consultation.

You can search for one on Justia.com and find one in Arizona. Please accept our...
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Q: How long do you have to file a wrongful death case?

1 Answer | Asked in Wrongful Death for Michigan on
Answered on May 23, 2017

I believe it's three years. Why not consult a member of the Michigan Assn for Justice--they give free consults.
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Q: Can someone be charged if they got from under the steerin wheel allowed a drunk person to drive which resulted in death

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and Wrongful Death for North Carolina on
Answered on May 23, 2017

They could but Police have to charge. They can try a civil case in which case contact a member of the NC Assn for Justice--they give free consults.
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Q: Can I sue an animal hosp.if they didnt follow protocol with a preg.dog that was "DOA" and I told them to save the pups?

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Answered on May 23, 2017

You can only get the market value of the pups if you can prove they would have survived had the hospital used extreme measures--which requires expert testimony that will cost you more than the market value of the dogs. Sorry, but time to let go of this one.
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Q: Father was murdered while in custody in Missouri prison can they be sued for negligence and harassment from the guards?

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Rights for Missouri on
Answered on May 23, 2017

Contact the Missouri Civil Liberties Union, ask for the names of "cooperating attorneys" for prison cases. They'll give you a free consult.
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Q: Can I use a dog pen as an enclosure instead of a chain link fence as required in the rules.

1 Answer | Asked in Animal / Dog Law, Personal Injury, Wrongful Death and Landlord - Tenant for Nevada on
Answered on May 23, 2017

The landlord controls the terms. They can say no pets., They can say no pets unless they are in a stainless steel enclosure. They can say what they want. Don't like it--move.
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Q: Can you demand a jury trial in a wrongful death case?

1 Answer | Asked in Wrongful Death for Texas on
Answered on May 23, 2017
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Q: Mo died, will 2 of my aunts and a cousin lied, stole large cash amount,personal property, bank accounts & now billing me

1 Answer | Asked in Estate Planning, Family Law, Probate and Wrongful Death on
Answered on May 23, 2017

There's fraud, conversion, many things. If records show this, make copies and give to police. Talk to an elderlaw attorney to get an overview of what options are.
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Q: Trade 2 baby guinea pigs for a baby rabbit!

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Pennsylvania on
Answered on May 23, 2017

It was a trade. He traded a sick animal. You took the sick animal. He should give you the value of your guinea pigs back.
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Q: My aunt did not call 911 when my father was dying can i sue her for wrongful death?

1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Answered on May 23, 2017

You could but you'd have to pay a lawyer. She should've called 911. You can make a police referral if you think it was willful.
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Q: What is the maximum you can be awarded in a wrongful death lawsuit?

3 Answers | Asked in Wrongful Death for California on
Answered on May 19, 2017

There is no maximum, except in medical malpractice cases, where the maximum "general" (non-economic) damages allowed is $250,000.
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Q: Is it legal in the state of indiana to shoot a dog just because you find the barking annoying? What can I do to help?

2 Answers | Asked in Animal / Dog Law and Wrongful Death for Indiana on
Answered on May 16, 2017

Report these people to the local police ASAP. YOU cannot do anything but report it to the police. The POLICE can and should charge the shooter AND the owner with Animal Cruelty under § 35-46-3-12. The penalty is up to one year in jail UNLESS the animal dies, then it is a FELONY with up to three years in prison.
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Q: Do you have to pay taxes on a wrongful death settlement?

2 Answers | Asked in Wrongful Death for New Jersey on
Answered on May 15, 2017

I would ask a CPA, but I do not believe so
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Q: Can lifeguards be sued in the event of a public beach drowning?

2 Answers | Asked in Wrongful Death for Florida on
Answered on May 14, 2017

Who can be held responsible in a drowning is a detailed analysis. Technically, lifeguards have a duty to save swimmers, if they can. You might sue the town or lifeguards if they breach a duty, BUT, you need to speak with an attorney about the facts.
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Q: How are the proceeds of a wrongful death case divided among the heirs?

2 Answers | Asked in Wrongful Death for New York on
Answered on May 13, 2017

It depends on the will/ trust, otherwise intestacy laws apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: If a person signs affidavit claiming that the Will before him is the descent handwriting bc he has seen it beforehand

2 Answers | Asked in Family Law, Civil Rights, Probate and Wrongful Death for Louisiana on
Answered on May 11, 2017

There is not a penalty for being WRONG, there is a penalty for KNOWINGLY misrepresenting or lying. If the affiant HONESTLY believed the handwriting was the same then there isn't a problem even if the handwriting is later proven to be faked. The 'trick' here is proof. Does the handwriting 'look' right even though an expert analysis shows flaws? Or is it more like Bart Simpson's chalkboard writing when the decedent could have been used as a Palmer handwriting model? In other words, how likely IS...
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Q: What is the minimum prison time for a hit and run resulting in four deaths in a car accident?

2 Answers | Asked in Car Accidents, Criminal Law and Wrongful Death for Alabama on
Answered on May 6, 2017

You have not provided enough facts for your question to be answered. Was the event deliberate or accidental? Was the driver drunk or sober? Was the driver under 21 years of age? Under 18? Under 16?

Provide this additional information in order to get an answer.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering...
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