Wrongful Death Questions & Answers by State
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Wrongful Death Questions & Answers
Q: Can I file a wrongful death suit in VA against someone who lives in CA where death occurred?
Peter Munsing's answer
You have a brutal situation, and I apologize for having to treat this in a cut and dried manner. First, it may possibly be a police matter. If you know the insurer you would want to advise them that there is a question as to the beneficiary's right to claim.
If there is a will and other property it needs to be probated, out there.
Any wrongful death or similar claim would have to be filed in California--Virginia has no jurisdiction over her as she lives in California, the...
You have a brutal situation, and I apologize for having to treat this in a cut and dried manner. First, it may possibly be a police matter. If you know the insurer you would want to advise them that there is a question as to the beneficiary's right to claim.
If there is a will and other property it needs to be probated, out there.
Any wrongful death or similar claim would have to be filed in California--Virginia has no jurisdiction over her as she lives in California, the...
Q: Does estate account need to be reopened to cash class action settlement proceeds in NC for wrongful death?
1 Answer
| Asked
in
Estate Planning and Wrongful Death
for
North Carolina
on
Answered on Sep 22, 2016
Answered on Sep 22, 2016
Peter Munsing's answer
May be a question of amount. If you had an attorney for the estate ask them. To avoid issues with taxing authorities if the amount is more than a few dollars may be a good idea but speak to your attorney or at least the register of wills for your county.
May be a question of amount. If you had an attorney for the estate ask them. To avoid issues with taxing authorities if the amount is more than a few dollars may be a good idea but speak to your attorney or at least the register of wills for your county.
Q: My neighbor's kid was killed in an motorcycle accident -
Peter Munsing's answer
Was he licensed? Did your neighbor know and allow this? Did your neighbor buy him the bike? It is possible they could sue the neighbor but the best way to find out is for the neighbor to contact a member of the Illinois Trial Lawyers Association.They give free consultations.
Was he licensed? Did your neighbor know and allow this? Did your neighbor buy him the bike? It is possible they could sue the neighbor but the best way to find out is for the neighbor to contact a member of the Illinois Trial Lawyers Association.They give free consultations.
Q: female-50, no other health problems, left her job for routine allergy shot, anaphylaxis, dies at MD office is Med Mal?
Peter Munsing's answer
Can't be answered without knowing the shot, was doctor a specialist, etc. Certainly it merits investigation by consulting
a member of the Texas /Trial Lawyers Association who handles medical carelessness cases. They give free consultations, handle cases on a contingent fee.
Can't be answered without knowing the shot, was doctor a specialist, etc. Certainly it merits investigation by consulting
a member of the Texas /Trial Lawyers Association who handles medical carelessness cases. They give free consultations, handle cases on a contingent fee.
Q: I'm 14 and I want to sue my grandmother's nursing home for wrongful death. Would I be able to?
Peter Munsing's answer
Tell your parents if they contact a good attorney like Michael Koskoff and tell them I said to call they will at least get a free consultation. If he takes the case it means he thinks he can win, as he takes cases on the basis that he only gets paid if he can get money for the estate. They won't have to pay anything. If they need the names of other attorneys let me know.
Tell your parents if they contact a good attorney like Michael Koskoff and tell them I said to call they will at least get a free consultation. If he takes the case it means he thinks he can win, as he takes cases on the basis that he only gets paid if he can get money for the estate. They won't have to pay anything. If they need the names of other attorneys let me know.
Q: Can a civil suit be brought in a homicide case from 1996 if it can be proven that the alleged circumstances were untrue?
Paul Stanko's answer
You have not provided enough information. Who would be filing suit? Also, any statute of limitations for wrongful death would have long since passed.
You have not provided enough information. Who would be filing suit? Also, any statute of limitations for wrongful death would have long since passed.
Q: I wanted to thank you Kreismon, for his response. I've got my case number I'm sure that will help.
Robert D. Kreisman's answer
Yes. St. Louis would be the US District Court for the Eastern District of Missouri. With the case number and the defendants' names you should be able to get a status on the case.
Yes. St. Louis would be the US District Court for the Eastern District of Missouri. With the case number and the defendants' names you should be able to get a status on the case.
Q: How do I check on a cases filed through a update alert via email.
Robert D. Kreisman's answer
I'm not quite sure about your question. But if has to do with a class action, state action or a case in the federal multi-district litigation (MDL) you should be able to follow the status if you have the caption of the case.
I'm not quite sure about your question. But if has to do with a class action, state action or a case in the federal multi-district litigation (MDL) you should be able to follow the status if you have the caption of the case.
Q: I have some questions about how my husbands death was handled by the police, in South Bend Indiana. He passed on 8/4/16
1 Answer
| Asked
in
Civil Rights, Libel & Slander, Personal Injury and Wrongful Death
on
Answered on Sep 15, 2016
Answered on Sep 15, 2016
Peter Munsing's answer
The problem you have is that you have to let the DA's office handle it. Unless the person who killed him has traceable assets--and that is unlikely --you will have to pay a lawyer to represent you, and that wil be extremely expensive.
The problem you have is that you have to let the DA's office handle it. Unless the person who killed him has traceable assets--and that is unlikely --you will have to pay a lawyer to represent you, and that wil be extremely expensive.
Q: We just saw a program about Robert Blake. He was sue in civil court and had to pay the victims. OJ lost did did not pay
Peter Munsing's answer
Oj's Heisman trophy was sold for $500,000 I believe. His house was under water. He had no assets the family could find.
Blake may or may not be able to pay all the money. He filed for bankruptcy.His victims family may have gotten a bit more but not much.
Oj's Heisman trophy was sold for $500,000 I believe. His house was under water. He had no assets the family could find.
Blake may or may not be able to pay all the money. He filed for bankruptcy.His victims family may have gotten a bit more but not much.
Q: Can I file a wrongful death lawsuit even it if's just my aunt and not my mother that died?
Jonathan Rosenfeld's answer
Usually, immediate family members have the right to file a wrongful death lawsuit. Your ability or standing to file such a case will depend on if there are other immediate family member and if your aunt left a will. If your aunt left a will, the executor of the will would likely be the person who is entitled to initiate a case. If you were close with your aunt, you may have grounds to file a lawsuit. If there are other family members who also assert a right to file a case, a judge would likely...
Usually, immediate family members have the right to file a wrongful death lawsuit. Your ability or standing to file such a case will depend on if there are other immediate family member and if your aunt left a will. If your aunt left a will, the executor of the will would likely be the person who is entitled to initiate a case. If you were close with your aunt, you may have grounds to file a lawsuit. If there are other family members who also assert a right to file a case, a judge would likely...
Q: If my husband passed and there could be a lawsuit, and his parents try to go behind my back can they do that?
1 Answer
| Asked
in
Personal Injury, Car Accidents and Wrongful Death
for
Texas
on
Answered on Sep 13, 2016
Answered on Sep 13, 2016
Peter Munsing's answer
In most states you are the person to handle the estate. They can't legally go "behind you." Suggest the best way is to get with a member of the Texas Trial Lawyers Association--they give free consultations.
In most states you are the person to handle the estate. They can't legally go "behind you." Suggest the best way is to get with a member of the Texas Trial Lawyers Association--they give free consultations.
Q: I'm a heir to a wrongful death claim and I didn't sign my waiver and consent form. What happens next?
Peter Munsing's answer
You should consult an attorney if you aren't being represented by one. Look for a member of the Arkansas Trial Lawyers Association--they give free consultations.
You should consult an attorney if you aren't being represented by one. Look for a member of the Arkansas Trial Lawyers Association--they give free consultations.
Q: Is there any difference between filing a wrongful death claim for a minor vs. one for an adult?
Peter Munsing's answer
The case is bfought for the estate. The minor may have a claim for loss of companionship etc if they were close. Suggest you contact a member of the Illinois Trial Lawyers Assn--they give free consultations.
The case is bfought for the estate. The minor may have a claim for loss of companionship etc if they were close. Suggest you contact a member of the Illinois Trial Lawyers Assn--they give free consultations.
Q: Is there a case to sue for the cause of his death?
Peter Munsing's answer
I am sorry for your family's loss. Police chases only result in liablity if they are unreasonable under the circumstances. In this case there's nothing that jumps out at me. Another possibility is what is called crashworthiness--the ability to survive a hit.
I would suggest you contact a member of the Ga. Trial Lawyers Association who handles crashworthiness cases. give free consultations. However if it is a more recent model A8 he was driving, it would have side impact air bags....
I am sorry for your family's loss. Police chases only result in liablity if they are unreasonable under the circumstances. In this case there's nothing that jumps out at me. Another possibility is what is called crashworthiness--the ability to survive a hit.
I would suggest you contact a member of the Ga. Trial Lawyers Association who handles crashworthiness cases. give free consultations. However if it is a more recent model A8 he was driving, it would have side impact air bags....
Q: Soon-to-be ex had my 9yr old dog put to sleep at the vet without my knowledge or permission. Can I sue her?
Peter Munsing's answer
None of the above. If the dog went to the vet and was put to sleep I assume the vet had a reason. They aren't in the business of euthanizing dogs. She had equal right to the dog, so I don't see a suit. Even if you could bring one the law views loss of a pet as loss of the economic/market value of a pet of that breed or mix, of that age and health. So you'd get maybe $100. No you don't get to claim loss of pet companionship. Check with a Tennessee Lawyer or your divorce lawyer but that's the...
None of the above. If the dog went to the vet and was put to sleep I assume the vet had a reason. They aren't in the business of euthanizing dogs. She had equal right to the dog, so I don't see a suit. Even if you could bring one the law views loss of a pet as loss of the economic/market value of a pet of that breed or mix, of that age and health. So you'd get maybe $100. No you don't get to claim loss of pet companionship. Check with a Tennessee Lawyer or your divorce lawyer but that's the...
Q: Can I sue animal control? Or is there something I can do at all??
Peter Munsing's answer
Technically they may have violated the law by taking property--even if they claimed it was due to emergency circumstances.
Suggest you see if there is an animal rights lawyer in yor state you can speak with. Groups dealing with animal protection issues would be the best source. Ideally, if you have a vet record for the dog not too long before this happened, and it shows the dogs weight was about what it was when she was taken, that would protect you from accusations of not feeding.
Technically they may have violated the law by taking property--even if they claimed it was due to emergency circumstances.
Suggest you see if there is an animal rights lawyer in yor state you can speak with. Groups dealing with animal protection issues would be the best source. Ideally, if you have a vet record for the dog not too long before this happened, and it shows the dogs weight was about what it was when she was taken, that would protect you from accusations of not feeding.
Q: Is there a statute of limitations in filing a wrongful death claim?
Peter Munsing's answer
Yes there is. In Illinois I believe it is two years from date of death. If you have a concern about a case consult a member of the Illinois Trial Lawyers Assn/Ill. Assn for Justice immediately.
Yes there is. In Illinois I believe it is two years from date of death. If you have a concern about a case consult a member of the Illinois Trial Lawyers Assn/Ill. Assn for Justice immediately.
Q: My wife went in for liposuction and died of septic shock a week later.
Peter Munsing's answer
You should be looking to consult a member of the Illinois Assn for Justice. They give free consultations. You will want her records. I'm assuming there is no statute of limitations problem.
You should be looking to consult a member of the Illinois Assn for Justice. They give free consultations. You will want her records. I'm assuming there is no statute of limitations problem.
Q: If I married a man who has a pending lawsuit against him for wrongful death
Peter Munsing's answer
No.You don't "marry in" to liability for something before marriage (and with marriage unlikely to be responsible for anything during it).
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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