Wrongful Death Questions & Answers by State

Wrongful Death Questions & Answers

Q: If I married a man who has a pending lawsuit against him for wrongful death

1 Answer | Asked in Wrongful Death for Michigan on
Answered on Aug 23, 2016

No.You don't "marry in" to liability for something before marriage (and with marriage unlikely to be responsible for anything during it).
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Q: Mom started a suit before passing. neither my sibling nor i knew the lawyer. How do we find out more about it?

1 Answer | Asked in Estate Planning, Medical Malpractice and Wrongful Death for Georgia on
Answered on Aug 23, 2016

As you and brother are the presumptive heirs call up the attorney.See if an estate was opened--you should have been notified. If not you may want to open one which will give you access to records, bank statements etc in case of hanky panky by aunt.
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Q: Can I sue VET for putting down my dog after I verbally told them not too?

1 Answer | Asked in Animal / Dog Law and Wrongful Death on
Answered on Aug 23, 2016

Vet was following law to the extent that law says that possessor of the animal is owner of the animal. I would note that even if you could sue the vet, in most states the value of an animal killed wrongly is the market value of an animal of that type, age, state of health--which in most cases is very little. So if you had sued you'd maybe get $50.I realize this is perhaps difficult to conceive and I'd suggest you contact an animal rights attorney in your state to be sure.
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Q: Who handles Nursing Home Questionable Deaths and lawsuits in NC?

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for North Carolina on
Answered on Aug 21, 2016

You have to decide if you want an autopsy. Do understand that the fact she had a bleed out doesn't necessarily prove substandard care. However what you need is a member of the NC Trial Lawyers Assn /Assn for Justice who handles medical & nursing home cases. They give free consultations.
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Q: My husband was electrocuted and died on the job.

2 Answers | Asked in Wrongful Death and Workers' Compensation for Illinois on
Answered on Aug 17, 2016

I am very sorry. There may be a number of potential people to sue.You want to contact a member of the Illinois Assn for Justice who handles explosions and product liablity. They give free consultations. If you need help finding one let me know.

Generally you can't sue the employer if the person was a regular employee. That is covered by workers compensation.

However there are others involved for a lawyer to look at. Members of the Illinois Assn for Justice will also not charge...
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Q: My sister was killed three weeks ago.shs was in the crosswalk she had rite of way.a 23 yr.old girl struck and killed my

1 Answer | Asked in Wrongful Death for California on
Answered on Aug 14, 2016

So sorry you have to go through this. Your mom, if she is seeing a lawyer, would be filing a claim for the estate--and that includes you. However understand as a sib your rights are relatively limited, no matter how close you were. This is wrong, but it's the way the law is. You would find out if there's a claim by checking with the county recorder of wills or similar office ot see if there's an estate that has been opened for your sister.

But best to keep lines of communication open...
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Q: My niece was killed in a traffic accident - the person was driving without a license.

1 Answer | Asked in Wrongful Death and Criminal Law for Illinois on
Answered on Aug 9, 2016

Wrongful death is civil--her family has a claim for that, and should see a member of the Illinois Trial Lawyers Assn/Assn for Justice--they give free consultations. May be a claim where there are "crashworthiness" issues.. Murder is a crime, and that's up to the DA. Murder requires intent. If the person is drunk or other factors there can be a charge of homicide by vehicle. The family can talk to the DA's victim assistance coordinator.
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Q: can we file a case after we took the insurance money, after we found out that he died from traumatic ,happened onboard

1 Answer | Asked in Wrongful Death on
Answered on Jul 28, 2016

Chances are no- they had you sign paperwork that said

"release" that meant that in exchange for the money you give up any claim, and probably said "known or unknown" meaning that you signed away rights to make a claim for anything you didn't know but could later discover.

I again urge you to contact a member of the Trial Lawyers Association for whatever port the ship left from.They give free consultations. Also, it matters if the deceased was passenger or crew.
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Q: My puppy was picked up by lee county animal control on 07/19/16 and was euthanized the am of 07/26/16 .

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Alabama on
Answered on Jul 27, 2016

I'm not hearing you went over to get him. Unfortunately, if you sue the value of the dog is the market value for a dog of that age and breed. You should contact an attorney who handles animal related claims to see if Alabama is more generous, but unfortunately that is the law in many states.
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Q: We ask for a U.s. Lawyer to sue the ship company of my brother about falsification of the autopsy report.

1 Answer | Asked in Admiralty / Maritime, Civil Litigation, Personal Injury and Wrongful Death on
Answered on Jul 27, 2016

You need to contact an attorney in the port area where the ship was based out of. If the brother was crew, then that is what is called a Jones Act case. If he was a passenger, then it's a wrongful death case. If you need the names of some attorneys let me know.
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Q: How long is the statue of limitations in Neveda for Elder Abuse Neglect while in tCare, Custody, Control of a Hospital?

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Nevada on
Answered on Jul 23, 2016

Best bet is to contact a member of the Nevada Trial Lawyers Assn who handles nursing home neglect--they give free consultations. But yo may be ot of luck.
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Q: my minor son will be getting a structured setement in the state of hawaii for the wrongful death of his father

1 Answer | Asked in Wrongful Death for Hawaii on
Answered on Jul 22, 2016

That would make sense.You may want to set it up so that he doesn't get all the money by age 18, if the Court(s) will let you do that. Talk to an attorney who handles family law matters.It shouldn't be that expensive, so paying them per hour may make the most sense. Then when it's established the settlement from Hawaii can go to him.

You may have to appear for a hearing in Hawaii if the estate was opened there for purposes of litigation.

All the best.
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Q: settlements

2 Answers | Asked in Personal Injury and Wrongful Death for New York on
Answered on Jul 18, 2016

There are jury verdict reviews but each case has its unique facts and it's not something you can say "well these people got this so we should get that." You do have, I assume, a lawyer who is a member of the NY State Trial Lawyers association and you should ask them.Generally, the verdict range depends on the manner of death, what the person was doing at the time (crossing in crosswalk vs jaywalking with headphones on), etc., their age, employment, employment potential, any carelessness on...
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Q: What constitutes unlawful death?

1 Answer | Asked in Wrongful Death for Georgia on
Answered on Jul 16, 2016

I don't see a case there. He was asked to leave--which didn't mean that second. He dies thereafter. There has to be a legal duty by one person to another, that is not met or is breached, and that breach causes the death. The landlord owed no duty to your son that was violated that I see. But contact a member of the Ga. Trial Lawyers Assn--they give free consultations.
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Q: What can we do about a Roadside Memorial that's been defaced after only 4mnths of being put up.

1 Answer | Asked in Personal Injury and Wrongful Death for New Mexico on
Answered on Jul 16, 2016

Probably it is on private property and they don't want it? You don't have a right to put up a memorial anywhere someone dies. On county or state roads they can allow them but aren't required to.
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Q: Need to contest step-mother's petition for order determining title to my dad's Schwab account as a trust asset.

1 Answer | Asked in Elder Law, Probate and Wrongful Death for California on
Answered on Jul 11, 2016

Well, you might want to hire an attorney with that much at stake. However if he wrote a will and left you out, it's very difficult to show undue influence unless he also excluded 2nd wife, all other family members, and even then it's not easy.

Focus on what is.But talk to a lawyer.At least get a consultation from someone who does estate law (not wills, but estate litigation).
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Q: Mother passed, children's rights?

1 Answer | Asked in Wrongful Death for Florida on
Answered on Jul 8, 2016

Generally no, but why not ask a lawyer in the state where your mother lived at the time of her death?
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Q: I need to open an estate for my deceased sister in order to file a law suit for wrongful death where do I go to do this?

1 Answer | Asked in Wrongful Death for Alabama on
Answered on Jul 8, 2016

Contact a member of the Alabama Trial Lawyers Assn as soon as possible. They give free consultations. If lawyer #1 did nothing may be a legal malpractice case.
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Q: pretty basic...wife has a cousin, her stepson died in police custody..might have case might not,

1 Answer | Asked in Civil Rights and Wrongful Death for Missouri on
Answered on Jul 8, 2016

Daughter may have rights, can ask to be co admionistratrix. If feeling frozen out can seek an attorney who is a member of the Mo. Trial Lawyers Assn.--they give free consultations.
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Q: My father was killed at work and 4 years later when the trial started my my mom manipulated a dismisal on my behalf

1 Answer | Asked in Wrongful Death for California on
Answered on Jul 8, 2016

You need to see what the estate records say. As a child you may have had a right to share in the estate. once you get to look at the papers you need to conact a member of caoc. they give free consultations.
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