Wrongful Death Questions & Answers

Q: My brother assaultted me during this assault he killed my dog what can I do what can I take him to court for

1 Answer | Asked in Animal / Dog Law, Criminal Law, Personal Injury and Wrongful Death for California on
Answered on Nov 17, 2017

that sounds like an accidental death.

did the police come? they arrest him?

you can always make a late report but it does not have the same value as a call right after the incident
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Q: Can I press charges against someone who intentionally hit my dog?

1 Answer | Asked in Animal / Dog Law, Federal Crimes and Wrongful Death for California on
Answered on Nov 16, 2017

It is hit and run, which is a misdemeanor if another person's property was damaged. Dogs are considered property. Call the police, make a report. It's up to them whether to pursue it.
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Q: Do siblings of an adult victom have a claim to the wrongful death settlement if he had a wife of 30 years and 5 kids.

1 Answer | Asked in Wrongful Death for Ohio on
Answered on Nov 15, 2017

Be guided by what your attorney says. In many states siblings have a claim.
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Q: My father was hit and killed on October 30th 2017. I am his next of kin. What can I do

1 Answer | Asked in Wrongful Death for Utah on
Answered on Nov 15, 2017

Forgive me for being clinical, but you are asking for information, not emotional support. You need to contact a member of the Utah Assn for Justice in the county where it happened. They give free consultations. An "estate" will have to be opened which the lawyer will explain to you.

You should also check to see if your father was a member of any fraternal organizations--sometimes their members are covered by life insurance policies, which though small are something to contribute towards...
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Q: Is it possible to file a wrongful death lawsuit against a medical practice if new evidence if found 8-9 years later?

1 Answer | Asked in Wrongful Death for Massachusetts on
Answered on Nov 15, 2017

I don't see a case here, let alone one that would survive a statute of limitations problem, but for the sake of closure why not consult a member of the Mass Academy of Trial Lawyers--they give free consultations.
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Q: Is there a "statue of limitations" for negligence homicide in the state of Louisiana? new evidence has just been found.

1 Answer | Asked in Wrongful Death and Criminal Law for Louisiana on
Answered on Nov 15, 2017

There's manslaugher. But as to a civil case, that sttute of limitations has long gone, and it's up to the DA whether to bring a "cold case."
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Q: Can a parent who has lost their rights (age 8) get part of an insurance settlement after accidental death (17)?

1 Answer | Asked in Family Law and Wrongful Death for Georgia on
Answered on Nov 15, 2017

It sounds like your mom has an attorney and she should be guided by what the attorney says. A termination of parental rights does not mean the parent is suddenly no longer a parent.It will get highly technical and hopefully they will get something out of it.
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Q: How are damages in a wrongful death case divided if there are multiple heirs?

2 Answers | Asked in Wrongful Death for New York on
Answered on Nov 15, 2017

Depends on the heirs, are they immediate family.
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Q: I live in Hawaii and I'm having trouble with a young lady I used to date .

1 Answer | Asked in Criminal Law and Wrongful Death for Pennsylvania on
Answered on Nov 15, 2017

Search court records in Pennsylvania. However they may not show you what you need, and she may have changed her name due to marriage or otherwise.
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Q: My mother passed away recently- I would like a lawyer to let me know if her meds were to blame- I have made a list

1 Answer | Asked in Medical Malpractice and Wrongful Death for South Carolina on
Answered on Nov 15, 2017

No one could tell that without being a doctor, seeing the autopsy report, seeing ALL of her medical records. For starters, why not consult a member of the S.C. Assn for Justice--they give free consultations.
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Q: If a victim is found unconscious at the scene with a head wound, should the scene be investigated?

1 Answer | Asked in Wrongful Death and Criminal Law for Missouri on
Answered on Nov 15, 2017

It depends on the scene. If they tripped and struck their head, no. However you can't compel a police department or DA to investigate something.
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Q: My lawyer filed a voluntarily dismissal of my complaint w/o explanation and is avoiding my calls. What should I do?

1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for South Carolina on
Answered on Nov 15, 2017

Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.
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Q: In wrongful death settlement, if neice was the ONLY heir to the will, who receives money? There r 4 surviving sisters.

2 Answers | Asked in Wrongful Death for Georgia on
Answered on Nov 15, 2017

It depends on the nature of the claims of the sisters--whether Georgia recognizes their claims as independent of the dictates of the will. If you are a family member you should consult a member of the Ga.Trial Lawyers Assn--they give free consults.
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Q: Do I have to be related to the person who died in order to file a wrongful death claim? Or can I file for a friend I was

2 Answers | Asked in Wrongful Death for California on
Answered on Nov 15, 2017

The person has to be related. The claim is filed by the estate. You should consult a member of CAOC in the county where it happened. They give free consultations.
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Q: What types of damages can people recover from a wrongful death suit?

1 Answer | Asked in Wrongful Death for Florida on
Answered on Nov 15, 2017

The claim is brought by the estate but the damages are somewhat technical and the best bet is to consult a member of the Fla.Justice Assn in the county where it happened--they give free consults. The damage issues are the loss of earnings if any, the medical expenses, the loss of companionship and care, and the pain and suffering of the decedent if there was any (in other words in an instant death with no fear of impending death, technically there is no pain and suffering. Few cases are that...
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Q: Re Roundup litigation - have any wrongful death claims been filed?

1 Answer | Asked in Personal Injury and Wrongful Death for Arizona on
Answered on Nov 6, 2017

If you think you have one contact a member of the Az Trial Lawyers Assn who handles toxics issues.
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Q: daughter died in a car accident 9/16/17 in Rock Hill SC. there is no will. Can I file to be here executor?

1 Answer | Asked in Car Accidents and Wrongful Death for North Carolina on
Answered on Nov 3, 2017

I'm sorry to hear about her loss. If she was not at fault in the wreck there may be a "crashworthiness " case. You should consult a member of the SC Assn for Justice such as Carl Jacobson in Charleston. He givers free consultations. The estate would be in N.C.
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Q: Can I sue the county for wrongful death?

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Ohio on
Answered on Nov 3, 2017

No, but for your own closure I'd suggest you contact a member of the Ohio Assn for Justice.

The reason is that the decision to charge and the decision to sentence are not things that can give rise to liability if the convict convicts a crime as far as the State or County are concerned. If bad security allowed it that's a case against the property owner or security company, but not the county or state.
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Q: If I have a pending disability case, is it illegal for my my job to deny me workers compensation. When I got injured ?

1 Answer | Asked in Contracts, Wrongful Death and Workers' Compensation for Georgia on
Answered on Nov 3, 2017

Not sure why you think it would be so. To get either you have to show you can't work. For Comp you have to show the injury is from work. For disabilty the reason doesn't matter but you may have to be unable to do any work not just your old job.If you don't have a lawyer at least get a consult from a member of the GaTrial Lawyers Assn that handles workers comp--they give free consults.
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Q: Hi I had a person to come and pick up a bull from my farm he kept saying he would

2 Answers | Asked in Wrongful Death, Agricultural Law and Animal / Dog Law for West Virginia on
Answered on Nov 2, 2017

It does not appear that the "bull collector" did anything cause the bull to die, so I do not see how he could be responsible for any damages for the bull's death.
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