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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for California on
Q: My grandpa had a successful foot operation and the day he was to be released from hospital we get a call saying he died

The nurse said the found him with no pulse and not breathing, they did not know how long he had been like that and that they were able to shock him back to life but fractured both sides of his ribs and chest and also he has no signs of any brain activity

William John Light
William John Light answered on Sep 25, 2020

I am sorry for your family's loss. You haven't asked a question but I assume you are interested in inquiring about whether the doctor/hospital had a role in his passing. That will require an autopsy, and a review of all of his hospital records as well as medical records from any health... Read more »

2 Answers | Asked in Wrongful Death for Florida on
Q: My father had a massive heart attack at Fort Lauderdale international Airport and they had no defibrillators at the time

I’m wondering what the statues of limitations are in Florida this happened in 03 And now that we are through the grieving process is there anyway that we can Go after them for a wrongful death Lawsuit

Daniel Marc Berman
Daniel Marc Berman answered on Sep 22, 2020

If this happened in 2003 unfortunately you are well beyond the Statute of Limitations.

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2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Hawaii on
Q: Hello, My 57 yr. old dad died from not having proper care from his Caretaker worker employed by Aloha Care in Hilo.
Tim Akpinar
Tim Akpinar answered on Sep 10, 2020

I'm very sorry for the loss of your father. A Hawaii attorney could advise best, but your question remains open for three weeks. You could reach out to Hawaii attorneys to discuss further. An attorney could investigate the matter further and request records for review with a medical... Read more »

1 Answer | Asked in Car Accidents, DUI / DWI and Wrongful Death for Iowa on
Q: Son died 12 hrs after car failed to yield. Driver had 2 warrants 4 DUI, no licenseby, 9 suspensions. Manslaughter?

What recourse do we have? Never want another family to deal with the same loss as we have had.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Sep 8, 2020

If there is insurance you can sue for wrongful death.

1 Answer | Asked in Criminal Law and Wrongful Death for Indiana on
Q: I live in Indiana and my neighbor said he will shoot my dog if he goes into his yard. Is this legal or a threat ?

I know president Trump just passed a new animal abuse law

Charles Candiano
Charles Candiano answered on Sep 7, 2020

No President has the authority to pass any laws. That is the exclusive province of Congress. I cannot speak to Federal Law, but Indiana State Law (IC 35-46-3-12.5) protects against Domestic violence animal cruelty

Sec. 12.5. A person who knowingly or intentionally kills a vertebrate...
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1 Answer | Asked in Wrongful Death for Missouri on
Q: What are the laws regarding someone with a mental illness who commits murder

Poplar bluff Missouri case

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2020

https://www.lawserver.com/law/state/missouri/mo-laws/missouri_laws_552-030

3 Answers | Asked in Wrongful Death for New York on
Q: My father was on a motorcycle waiting at an intersection for a school bus with its stop sign out. He was hit and killed.

The driver was ticketed and charged with following too close, fined and that was the result. does this seem right? He does not get charged with killing someone?

Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

I'm very sorry for the loss of your father. In terms of the charges, that could have been the decision of the the county district attorney. But that does not prevent you and your family from pursuing a wrongful death action. You could contact attorneys to discuss further. Attorneys who handle... Read more »

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1 Answer | Asked in Municipal Law, Criminal Law, Legal Malpractice and Wrongful Death for Louisiana on
Q: Can A Municipality Issue A Warrant And Arrest You For Not Appearing At A Court Date That You Were Never Summoned To?

Water Bill Utility Autopayment Overdraft That Somone Else Set Up - Charged With [Issuing Bad Checks]

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2020

You need to hire an attorney to get the warrant recalled.

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death on
Q: Is person committing attempted murder? (Only doing otherwise legal things, but part of their intent is to cause death)

So this person is a co-worker and has a very strong hatred towards humanity in general. He said he drives as oppose to use public transport mostly for comfort, but he also says part of his intention is that the air pollution he contributes to will help "Cull the human population" and he... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 19, 2020

A California criminal attorney could answer your question best, but it remains open for three weeks. Whether as homicide or as wrongful death you also post under, this would not amount to a crime or a tortious act in any jurisdiction, under federal or state law. Good luck

Tim Akpinar

1 Answer | Asked in Wrongful Death for Georgia on
Q: If there is no estate and no will and I need to obtain my loved ones medical records,, how do I do so?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 17, 2020

(2) Upon written request from the patient or a person authorized to have access to the patient's record under an advance directive for health care or a durable power of attorney for health care for such patient, the provider having custody and control of the patient's record shall furnish... Read more »

2 Answers | Asked in Tax Law and Wrongful Death for Georgia on
Q: Do I have to pay taxes on funds received from my mother's personal injury cases case. She died as a result.

The defendant payed a settlement to my mother's estate. The settlement states "No Releasee has ever admitted, and but rather each specifically denies, any allegation of wrongdoing. " The case was against a nursing home.

Eric Steven Day
Eric Steven Day answered on Aug 17, 2020

If the settlement is for pain and suffering, then the payment of that settlement is non-taxable. The only issue you would have as far as taxability of the funds that were then distributed to you through the estate would be if the distribution exceeded the exemption amount on the gift tax of 11.5... Read more »

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1 Answer | Asked in Personal Injury and Wrongful Death for Nebraska on
Q: I purchased a float for the river that said puncture proof material. The float was punctured, my mom died. Can I use?

My mom, myself and 3 others had to hold on for life after the float popped. My mom ended up having a heart attack and died.

Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

A Nebraska attorney could advise best, but your post remains open for three weeks. I'm very sorry for the loss of your mother; this is a heartbreaking accident. It's difficult to say whether you can sue based on these facts alone. Floats can vary widely in terms of their quality, size,... Read more »

1 Answer | Asked in Estate Planning and Wrongful Death for Texas on
Q: Show my common-law husband just passed away the apartments he lives at is refusing to allow us to get all his things or

We are common law married we do not have a marriage license but we have six years of tax returns where he claims me as his wife and our two children so what did Nick go to me and my children instead of allowing them to put it in Probate is it legal for them to put it in Probate instead of giving it... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 10, 2020

If this is an heirship proceeding (meaning there was no Will), you can contest it. You will have to prove your marriage.

1 Answer | Asked in Personal Injury and Wrongful Death for Washington on
Q: This involves a wrongful death involving a pedestrian and a commercial vehicle whose driver has a suspended license

First, thank you and please excuse me for the length, but I will try to keep it as brief as possible.

My son was killed as a pedestrian by a semi-truck whose driver was driving on a suspended license.This was in Tacoma, WA. I have an attorney (if that's what you'd call him) who is... Read more »

Stan Glisson
Stan Glisson answered on Aug 10, 2020

If you already have a lawyer, no on one here can ethically offer much advice, and certainly wouldn't do anything to interrupt the attorney / client relationship. That doesn't mean you can't call another lawyer and ask for a second opinion of course, that is very common.

If...
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1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: I have a Pending guardianship and my guardian has sold my estate and my personal belongings . Would this be conversion?

She has placed me in a Nursing Home and I have no say in anything. She does not respect my rights, she just treats me as if I don't exist! Her attorney appointed an attorney ad-lit-um for me who I have not heard from for over a year!

Charles Candiano
Charles Candiano answered on Aug 2, 2020

Conversion is just a fancy word for steal. If you suspect that your guardian-ad-litem has stolen your property, simply request an accounting. The guardian's failure to account for ANY part of your property would constitute a breach of his/her fiduciary duty to you and subject the guardian to... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Washington on
Q: Is a commercial driver who kills a pedestrian while driving on a suspended license usually issued a citation?

My son was struck and killed by a commercial truck whose driver's license was suspended in "the 3rd degree". My son was a pedestrian, and granted he was no in a crosswalk. But shouldn't the driver of the truck at least have been issued a citation for driving on a suspended... Read more »

Tyler Young
Tyler Young answered on Jul 31, 2020

I am so sorry about your son. I just became a dad and can't imagine how difficult it would be to lose a child.

What the police or prosecutors decide to do to the driver of the truck criminally has minimal, if any, impact on your potential wrongful death claim. I've seen dozens of...
Read more »

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1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Connecticut on
Q: My husband's brother passed away 5 years ago in CT, without a will.

My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of... Read more »

Steven Basche
Steven Basche answered on Jul 21, 2020

First, my heart goes out to you in this difficult time.

Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)...
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1 Answer | Asked in Car Accidents and Wrongful Death for Virginia on
Q: In west Virginia how long does the process take to settle a wrongful death suit and how much is a case like this worth
Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

I'm very sorry for your loss. A local state attorney could answer best, but your question remains open for two weeks. There is no universal answer. It could depend on the nature of the case (respective liabilities of the parties involved), the damages being claimed, the willingness of both... Read more »

2 Answers | Asked in Wrongful Death for Georgia on
Q: Does 19-7-1 (c)(6) apply to an adult deceased
Michael W. Horst
Michael W. Horst answered on Jul 12, 2020

Yes. Please see Hall v. Bailey, 560 S.E.2d 76, 253 Ga.App. 595 (2002).

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