Peter Munsing's answer It may be if the case is ready for trial and the expert was listed. It may be possible to petition the court to get that permitted but you need to sit down with the lawyer on this.
D. Michael Burke Esq's answer I would need more information to give you a specific answer to your question. You are apparently the personal representative of what seems to be your late husband's estate. That does not mean that you are the sole recipient of the wrongful death recovery, even if your husband left a will naming you the sole beneficiary of his estate. West Virginia's wrongful death statute provides that the judge or jury distribute the recovery to the following: "surviving spouse and children, including adopted...
Charles M. Baron's answer That question cannot be fully answered without more details, including relationships and ages, and the cause of death. In general, see Fla. Statutes Sections 768.16 - 768.26. If this is a potential case, seek a free consultation.
There are many factors that go into an estimated future income when someone dies before they reach the workforce. In most cases, the attorney on the side of the deceased will hire experts in the area and gather evidence to support an estimate that is based on academic performance, goals and things like socioeconomic background to project how much the deceased would have made in their work lifetime. A jury then has the ultimate say over how...
Charles Candiano's answer Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different is contemplated, there will probably need to be a Hearing.
William John Light's answer There is no such thing as a driverless car. There are cars which try to operate without as much human intervention, but humans are still "in control" and can intervene when appropriate. In other words, you sue the driver and owner of the car, as well as the manufacturer/ distributor/ programmer of the software that attempts to operate with limited human intervention. A police report will probably identify many of the appropriate parties.
Rahlita D. Thornton's answer First, sorry for your loss. The answer depends on a lot. It depends on the facts of the incident. How did this occur? What happened? When did it occur? We would be available to speak to you concerning the answers to these questions.
Bill Powers' answer First, my heart goes out to you. I can only imagine how difficult it must be to live with your loss.
That being said, I think it would be better to speak with an attorney before posting something on a public forum and possibly subjecting yourself to civil claims for libel.
Indeed, if the purpose is to protect others from the opioid epidemic and possibly the doctor herself or himself, there may be more effective private ways to proceed forward through the NC Medical Board....
Mark Oakley's answer Yes, and his estate has a claim it can pursue as well. Consult a lawyer in the state where your father lived at the time of his death, or alternatively, in the state where the accident happened, and proceed from there.
Yes, one may proceed with a wrongful death claim while a criminal charge is pending. The person who brings the claim must be appointed as Personal Representative (PR) of the Estate by the probate court. Only the PR is authorized to pursue claims, settle claims, and file lawsuits in connection with a wrongful death.
William John Light's answer You would have to consult with an Arkansas attorney about that. However, even if you could be included, the value of your case would be tremendously adversely affected by the lack of relationship between your father and you, at least that is how it would work out in CA.
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.