Wrongful Death Questions & Answers

Q: Ca b.i.t. inspector is or is not responsible for the faulty brakes that resulted in the death of truck driver

1 Answer | Asked in Wrongful Death for California on
Answered on Jan 23, 2018

Probably not. The truck company, the manufacturer of the brakes, the maintenance company, are all potentially liable either civilly or in workers compensation.
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Q: My mom died of a rare cancer and was exposed to known carcinogenic chemicals at her work before her death

1 Answer | Asked in Wrongful Death for New York on
Answered on Jan 23, 2018

The statute of limitations for wrongful death lawsuits in New York is 2 years. Consequently, if a longer time elapsed from the passing of your mother, I am afraid you can no longer take legal action against her former employer. If, however, you find yourself within the 2-year time frame, you can still recover financial compensation on her behalf with the help of a lawyer specializing in toxic exposure cases. After carefully evaluating your situation, they will be able to tell you whether you...
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Q: I filed a wrongful death suit resulting in the death of my brother. Do i have to share with my siblings

1 Answer | Asked in Wrongful Death for Massachusetts on
Answered on Jan 23, 2018

Did your brother have a spouse and/or dependent children?
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Q: Is not reporting an a death from e coli at a nursing home illegal?

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for Massachusetts on
Answered on Jan 23, 2018

Depending upon how long ago the death occurred there may possibly be a nursing home malpractice/tort claim which you should investigate as soon as possible. This involves someone being appointed Personal Representative by the Probate Court to obtain medical records of the decedent for an evaluation of whether it appears that there was negligence.
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Q: The Hospital Didn’t Put My Daughter Body In A Cooler They Left It In The Hallway For 30 Hrs Can I Sue Them ?

1 Answer | Asked in Health Care Law, Probate and Wrongful Death for Florida on
Answered on Jan 23, 2018

Can you sue the hospital for failure to properly refrigerate the body? I doubt that you can prove any compensable damages, so no. Please accept my condolences for the loss of your daughter.
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Q: California inspector sued for the death of driver for faulty brakes after court case

1 Answer | Asked in Wrongful Death for California on
Answered on Jan 21, 2018

What is the question? Who is the inspector? A commercial garage? A state of CA employee?
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Q: Can the State be sued for releasing someone who murdered previously and then murdered again 2 months after release?

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Maryland on
Answered on Jan 18, 2018

No. The courts and parole board make those decisions and both are immune from suit unless the release was due to negligent error. Then you might be able to sue the state.
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Q: I received ss disability at 60 now 69. Have a wrongful death lawsuit against nursing my mom was in. If I win any money

1 Answer | Asked in Wrongful Death for New Jersey on
Answered on Jan 18, 2018

you don't--if there is a claim, which there may not be, it would be part of the case settlement.
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Q: If I'm 13 and I poison my father for hitting my mother (who has a restraining order) and hitting me can i go to jail?

1 Answer | Asked in Juvenile Law and Wrongful Death for Florida on
Answered on Jan 18, 2018

Don't you can go to jail. Call the Florida Coalition against domestic violence hotline 1800-500-1119. See if you can talk to a counselor to evaluate your options. You need a place to go to and for the state to protect you. That's not something the system is optimally set up to do.

The Florida Department of Children and Families should be able to get you a counselor.

Then start lifting weights, live clean, grow strong, join the service and your time will come..
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Q: I was told I may have a lawsuit, I just need some legal advice please

1 Answer | Asked in Criminal Law and Wrongful Death for Oklahoma on
Answered on Jan 17, 2018

Is there a question here somewhere?
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Q: My mom died in nursing home negligent death. I am suing, but was told I would have to pay back Medicaid for her I am 69

2 Answers | Asked in Wrongful Death for New Jersey on
Answered on Jan 17, 2018

Best to ask your lawyer who is handeling your case as that lawyer will know your exact situation.
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Q: My step brother was killed by a drunk driver. He has a dad and 2 sisters living. Who can file the lawsuit

1 Answer | Asked in Wrongful Death for Washington on
Answered on Jan 17, 2018

His estate files. Father would be primary for being administrator but he can renounce in favor of the sisters.
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Q: What if my stepfather dies from a wrongful death, and my mother(wife) files a suit, she pass who gets the settlement?

1 Answer | Asked in Wrongful Death for Florida on
Answered on Jan 16, 2018

If the surviving spouse was appointed Personal Representative ("PR") by the Probate Court, then a new PR must be appointed. Generally, the Estate's beneficiaries will receive settlement funds once the Estate's creditors are paid. You should check with the attorney handling the death case and the probate attorney (if different from the wrongful death attorney) representing the Estate regarding next steps.
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Q: My dad died on xmas i feel the paramedics werent prepared and didnt do all they should have what can i do

1 Answer | Asked in Wrongful Death on
Answered on Jan 16, 2018

Contact a member of the Oregon Assn for Justice --they give free consults. However, any case where someone is responding to an emergency involves a certain leeway given that time is short and it's not a hospital with all types of equipment, medicine, and doctors available. But get the free consult.
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Q: Is it illegal to not label evidence at a crime scene or enter it. Also is it illegal for an autopsy not to identifyinjur

1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on
Answered on Jan 16, 2018

Sloppy yes. Illegal, no.

Likewise for autopsy.
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Q: What should you do if workers comp has a lien on your file and is haulting your lawsuit even though the claim was denied

2 Answers | Asked in Wrongful Death and Workers' Compensation for California on
Answered on Jan 16, 2018

Your attorney should be answering these questions and/or challenging the workers compensation lien in court.
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Q: My son was shot and killed on th street of Paterson Nj can I bring a wrongful death suit against anyone he was 37

1 Answer | Asked in Wrongful Death for New Jersey on
Answered on Jan 15, 2018

Your feelings of a world upside down are natural. Unfortunately you can only sue someone if a) they can be identified and b) there is a reason to believe you will ever see anything out of it.

At this time cooperate with the police. If they can find someone, then at that point you can contact a member of the NJ Assn for Justice to see what can be done civillly if anything. In most cases nothing, but it depends on who what when where how--none of which seem to be known.
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Q: How do i get my son's hospital records? He was 27 years old. He went in on a Friday and died on Sunday of sepsis.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Answered on Jan 14, 2018

Being a family member, next of kin, the father of your son, the hospital's records can be retrieved by signing the hospital's release of medical records form; HIPPA release. I usually tell my clients to call the hospital's medical records department to clearly understand its process. Often the procedures for medical records retrieval are explained on the hospital

website. I'm very sorry for your loss.
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Q: My sister passed away she,was,single n had no kids dose that make me incharge of all of her esate n what steps do i need

1 Answer | Asked in Family Law, Wrongful Death and Probate for Indiana on
Answered on Jan 12, 2018

Assuming no other close relatives you are entitled to petition for grant of letters of administration. It doesn't automatically make you in charge of anything. Suggest you contact a probate attorney.
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Q: What is the "discovery rule" and how is it applied to wrongful death suits?

1 Answer | Asked in Wrongful Death for New York on
Answered on Jan 12, 2018

It's usually used in medical malpractice and product liability cases. It means the statute of limitations may be considered to run on the date when you knew or should have known the medical treatment or drug were improper. If you think there is a case contact a member of the NY State Trial Lawyers Assn--they give free consults.
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