Wrongful Death Questions & Answers by State
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Wrongful Death Questions & Answers
Q: How do we get the court appointed executor to file a claim on behalf of our step father?
Thomas Neary's answer
This is a question where details would be important. I suggest that you talk with an attorney who handles wrongful death cases. Many offer free consultations.
Sorry for your loss.
This is a question where details would be important. I suggest that you talk with an attorney who handles wrongful death cases. Many offer free consultations.
Sorry for your loss.
Q: Can a non custodial parent that has never legitimize a child file a wrongful death suit on the child?
Robert W. Hughes Jr.'s answer
This is a very difficult question to answer. The best answer is that a judge should decide whether the father is entitled to any money. That protects you from an adverse situation if cut the father out and he later sues you and wins.
This is a very difficult question to answer. The best answer is that a judge should decide whether the father is entitled to any money. That protects you from an adverse situation if cut the father out and he later sues you and wins.
Q: Drunk driver crosses intersection on red light, hits a motorcycle teen thief on green light with stolen guitar ?
2 Answers
| Asked
in
Car Accidents, Personal Injury and Wrongful Death
for
California
on
Answered on Aug 8, 2018
Answered on Aug 8, 2018
Thomas A. Grossman's answer
The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might be barred from collecting any damages.
The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might be barred from collecting any damages.
Q: Does a death have to occur by accident in order to bring a wrongful death claim?
Joseph D. Allen's answer
No- the death could be caused purposefully. But if it was caused during the course of employment, by medical professionals, or by government employees, the case would have different procedures/standards.
No- the death could be caused purposefully. But if it was caused during the course of employment, by medical professionals, or by government employees, the case would have different procedures/standards.
Q: Who has a right to bring wrongful death claims on behalf of the deceased?
Robert D. Kreisman's answer
Under Illinois law anyone can "act" as the special administrator to serve in name as the plaintiff for the decedent. The persons who can receive compensation under the Illinois Wrongful Death Act are the "next of kin." In many cases a probate estate wherein the administrator or executor of the decedent's estate would serve as the plaintiff on behalf of the decedent. A probate estate is opened especially if the decedent had a period of survival and thus a Survival Act count would be included in...
Under Illinois law anyone can "act" as the special administrator to serve in name as the plaintiff for the decedent. The persons who can receive compensation under the Illinois Wrongful Death Act are the "next of kin." In many cases a probate estate wherein the administrator or executor of the decedent's estate would serve as the plaintiff on behalf of the decedent. A probate estate is opened especially if the decedent had a period of survival and thus a Survival Act count would be included in...
Q: What's the statute of limitations for bringing a wrongful death suit in Florida?
Charles M. Baron's answer
Two years to file the suit. Of course, it's best to start any case as soon as practical. Also, if you're talking about wrongful death due to medical malpractice, there are pre-suit notice requirements.
Two years to file the suit. Of course, it's best to start any case as soon as practical. Also, if you're talking about wrongful death due to medical malpractice, there are pre-suit notice requirements.
Q: How soon after the death can the survivors bring a wrongful death case?
Michael O. Smith's answer
In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these matters for help.
In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these matters for help.
Q: My dad had a wrongful death in prison and I won a lawsuit against the prison. Do i have to share with my half siblings?
Anna Katherine Stone's answer
Family members who may recover damages in a Florida wrongful death case include:
The deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services." If a child is born to unmarried parents, the child can recover damages in a wrongful death case if his or her mother dies. If the child's father dies, however, the child can only recover damages if the father had formally recognized...
Family members who may recover damages in a Florida wrongful death case include:
The deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services." If a child is born to unmarried parents, the child can recover damages in a wrongful death case if his or her mother dies. If the child's father dies, however, the child can only recover damages if the father had formally recognized...
Q: Can I bring a wrongful death action based on the death of an unborn child?
Peter Munsing's answer
Depends upon how the death occurred. Why not contact a member of the Va. Trial Lawyers Assn for the county where this happened--they give free cosultations.
Depends upon how the death occurred. Why not contact a member of the Va. Trial Lawyers Assn for the county where this happened--they give free cosultations.
Q: May a rightful heir to an estate claim assets which the executor abandons?
Peter Munsing's answer
If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.
If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.
Q: What does it mean when a guilty verdict is read in a manslaughter case and yet says 'alleged victim' and 'alleged date"?
William John Light's answer
If the defendant was convicted, he will be going to prison, whether or not the verdict form uses the word "alleged". The use of that word on the verdict form is of no import whatsoever.
If the defendant was convicted, he will be going to prison, whether or not the verdict form uses the word "alleged". The use of that word on the verdict form is of no import whatsoever.
Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer
2 Answers
| Asked
in
Business Law, Insurance Defense, Personal Injury and Wrongful Death
for
Georgia
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Robert W. Hughes Jr.'s answer
You probably need a personal injury lawyer or a lawyer specializing in insurance law.
You probably need a personal injury lawyer or a lawyer specializing in insurance law.
Q: Are punitive damages recoverable in wrongful death actions?
Camille Brooks Ibrahim's answer
Due to Massachusetts Wrongful Death Act, M.G.L. c. 229, an exception to the common law, punitive damages are available if a person or corporation's gross negligence or willful or wanton conduct causes a death.
Due to Massachusetts Wrongful Death Act, M.G.L. c. 229, an exception to the common law, punitive damages are available if a person or corporation's gross negligence or willful or wanton conduct causes a death.
Q: A person with an eating disorder assists a person in a dangerous situation passes out leading to the other person dying
Peter Munsing's answer
we don't answer hypos but the person belaying did not violate any legal duty by belaying. The staff perhaps should have been aware if they monitored the person's weight. That may lead to personnel action but no criminal charges.
we don't answer hypos but the person belaying did not violate any legal duty by belaying. The staff perhaps should have been aware if they monitored the person's weight. That may lead to personnel action but no criminal charges.
Q: One of my sisters was named as the executor of my mother’s will.
2 Answers
| Asked
in
Estate Planning, Medical Malpractice, Nursing Home Abuse and Wrongful Death
for
Pennsylvania
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Elizabeth Tarasi's answer
According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
Q: My friends daughter was hit by an elderly woman as she was crossing the street. She died as a result of her injuries.
4 Answers
| Asked
in
Car Accidents, Personal Injury and Wrongful Death
for
California
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
William John Light's answer
You can fire you attorney whenever you want. If you fire the attorney, he has a lien on the case for the reasonable value of his attorney fees to date. It will not increase the attorney fees. He just gets a portion of the fees that will be charged by the new attorney. This can make it harder to get new representation since the new attorney will not get the full contingency fee.
Your friend doesn't need an attorney licensed in OR and CA, just an OR license. If she searches for...
You can fire you attorney whenever you want. If you fire the attorney, he has a lien on the case for the reasonable value of his attorney fees to date. It will not increase the attorney fees. He just gets a portion of the fees that will be charged by the new attorney. This can make it harder to get new representation since the new attorney will not get the full contingency fee.
Your friend doesn't need an attorney licensed in OR and CA, just an OR license. If she searches for...
Q: Can I file a wrongful death suit on behalf of one parent even if the other parent refuses to do so?
Gerald Barry Dorfman's answer
If you are a child of the person who died, you can file a wrongful death lawsuit for the loss of your parent. In such a suit, all people who are legally allowed to be parties must be part of the case. Even if such a person does not want to participate and refuses to be a plaintiff, they can be added anyway, so the lawsuit can proceed to settlement or judgement.
If you are a child of the person who died, you can file a wrongful death lawsuit for the loss of your parent. In such a suit, all people who are legally allowed to be parties must be part of the case. Even if such a person does not want to participate and refuses to be a plaintiff, they can be added anyway, so the lawsuit can proceed to settlement or judgement.
Q: Is it possible to file simultaneous PI and wrongful death lawsuits for a car accident that caused a death?
Mark Oakley's answer
Yes. But depending on how many claimants there are who qualify to be part of the wrongful death action, the person(s) pursuing the separate negligence claim may be better off filing separately.
Yes. But depending on how many claimants there are who qualify to be part of the wrongful death action, the person(s) pursuing the separate negligence claim may be better off filing separately.
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