Robert W. Hughes Jr.'s answer This is a very difficult question to answer. The best answer is that a judge should decide whether the father is entitled to any money. That protects you from an adverse situation if cut the father out and he later sues you and wins.
Thomas A. Grossman's answer The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might be barred from collecting any damages.
Joseph D. Allen's answer No- the death could be caused purposefully. But if it was caused during the course of employment, by medical professionals, or by government employees, the case would have different procedures/standards.
Robert D. Kreisman's answer Under Illinois law anyone can "act" as the special administrator to serve in name as the plaintiff for the decedent. The persons who can receive compensation under the Illinois Wrongful Death Act are the "next of kin." In many cases a probate estate wherein the administrator or executor of the decedent's estate would serve as the plaintiff on behalf of the decedent. A probate estate is opened especially if the decedent had a period of survival and thus a Survival Act count would be included in...
Charles M. Baron's answer Two years to file the suit. Of course, it's best to start any case as soon as practical. Also, if you're talking about wrongful death due to medical malpractice, there are pre-suit notice requirements.
Michael O. Smith's answer In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these matters for help.
The deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services." If a child is born to unmarried parents, the child can recover damages in a wrongful death case if his or her mother dies. If the child's father dies, however, the child can only recover damages if the father had formally recognized...
Peter Munsing's answer If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.
William John Light's answer If the defendant was convicted, he will be going to prison, whether or not the verdict form uses the word "alleged". The use of that word on the verdict form is of no import whatsoever.
Camille Brooks Ibrahim's answer Due to Massachusetts Wrongful Death Act, M.G.L. c. 229, an exception to the common law, punitive damages are available if a person or corporation's gross negligence or willful or wanton conduct causes a death.
Peter Munsing's answer we don't answer hypos but the person belaying did not violate any legal duty by belaying. The staff perhaps should have been aware if they monitored the person's weight. That may lead to personnel action but no criminal charges.
Elizabeth Tarasi's answer According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
William John Light's answer You can fire you attorney whenever you want. If you fire the attorney, he has a lien on the case for the reasonable value of his attorney fees to date. It will not increase the attorney fees. He just gets a portion of the fees that will be charged by the new attorney. This can make it harder to get new representation since the new attorney will not get the full contingency fee.
Your friend doesn't need an attorney licensed in OR and CA, just an OR license. If she searches for...
Gerald Barry Dorfman's answer If you are a child of the person who died, you can file a wrongful death lawsuit for the loss of your parent. In such a suit, all people who are legally allowed to be parties must be part of the case. Even if such a person does not want to participate and refuses to be a plaintiff, they can be added anyway, so the lawsuit can proceed to settlement or judgement.
Mark Oakley's answer Yes. But depending on how many claimants there are who qualify to be part of the wrongful death action, the person(s) pursuing the separate negligence claim may be better off filing separately.
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