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Wrongful Death Questions & Answers
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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1 Answer | Asked in Criminal Law, Divorce and Wrongful Death for Colorado on
Q: What is the right way for the parents of the victim to approach County DA to claim murder by her cop husband vs suicide?

MINNESOTA CASE VS. PEACE OFFICER, ROGUE COP

Private invest results show suspect to have ended his last three marriages with a Chapter 7 bankruptcy, establishing a modus operandi of using his past wives to bankroll personal improvements in his education, motorcycles, houses...all ending in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

If you believe a crime has been committed, then you should report it to the police.

1 Answer | Asked in Car Accidents, Wrongful Death and Criminal Law for Maryland on
Q: How can I protect my family in the state of MD if caught in a roadblock protest and they begin attacking my car?
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.

2 Answers | Asked in Wrongful Death and Elder Law for California on
Q: Can I bring a lawsuit against family member I feel adided in my fathers death instead of helping
Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "criminal law" issue unless your family member was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his... Read more »

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1 Answer | Asked in Elder Law and Wrongful Death for California on
Q: Would i be able to bring a suit against my step sister who not hiring the proper care for my dying father .

Father had a catheter due to peeing blood

Some kidney problems, she was the only one caregiver contacted ever !

My sister borrowed 6 thousand from my father at that time his care had to reduced from 3 to 2 days . I was unaware of so much I feel she deliberately alienated him... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "health care" issue unless your SS was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you... Read more »

1 Answer | Asked in Products Liability, Civil Litigation, Health Care Law and Wrongful Death for California on
Q: How do I sign up class action in Case No. 2:19-cv-07471 against Whole Foods(Starkey water)I've developed liver fibrosis.

I have been drinking Starkey water from Whole Foods for many years until I found out just last Friday on 06/19/2020 that it is very high in arsenic levels. I have developed liver illness (advanced fibrosis). I live in San Francisco of California.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 26, 2020

I'm sorry for your issues. You do NOT want to normally be part of a class action as the remedies offered are rarely as good as the remedies you can get on your own. Your more important question since you are automatically part of the class if you fit the class description, is "How do I... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: If I, on my own took a lethal dose of pills and then asked somebody to sit with me until it was over,

...would that person be in any legal trouble in NY or NJ?

Tim Akpinar
Tim Akpinar answered on Jun 25, 2020

Please don't do this. As attorneys, we are not qualified to counsel or advise in situations like this. But it is difficult to sit idle and say nothing when someone speaks of doing this. Please look into resources that are out there. There are hotlines, helplines, and other forms of counseling.... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for South Carolina on
Q: Car accident

My dad was in a car accident that was not his fault about a year ago where the air bag did not deploy. There were no recalls and he suffered serious injuries due to this . There were lawyers working on the case, but my dad recently passed away due to the lung issues he was having and for some... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

You will want to consult with his attorney, or another attorney in the state where the accident occurred. Many states have "survivor" actions that would allow the claim to go forward.

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Alabama on
Q: My dog was ran over (I witnessed it) by a truck going 50 mph down a dead end road in the country. What could I do?

The speed limit on my road is 15 mph! The person who ran him over NEVER stopped or turned around after obviously running a dog over. My dog was ran over right beside our mailbox, basically in my YARD. the truck that ran him over should have been on the right side of the road but my dog was on the... Read more »

Christopher Belk Estes
Christopher Belk Estes answered on Jun 10, 2020

Oh my gosh. That is terrible and I am so sorry for your loss. You should report this to the Police and the District Attorneys Office and see if you can get them to pursue animal cruelty charges against this person. As for a civil case, unfortunately animals are treated as property and valued as... Read more »

1 Answer | Asked in Insurance Bad Faith and Wrongful Death for New Jersey on
Q: My mother past away from Covid in New Jersey. Is her death considered accidental as far as life insurance is concerned?

We're almost certain she contracted Covid in the hospital while being treated for complications from lung cancer

Gerald D. Siegel
Gerald D. Siegel answered on Jun 6, 2020

If its traditional term, universal or whole life, Covid19 should not make a difference.

2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My mom passed away 1.5 yrs ago & I know that something was missed. I have all of her records. No autopsy.

The pathology reports show an infectious disease etiology & I'm not sure the f/up was done for that. Then her kidneys started failing. Food was never mentioned and in Oct. 18 i saw results suggesting CKF. And she had kidney stones in her ureter 3 times? Then a few other things happened... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

I'm very sorry for your loss. You could email your records to attorneys you contact. Don't worry about admissibility at this point. If an attorney identifies the basis for legally actionable claim, they would use HIPAA authorizations to obtain official records anyway. Good luck

Tim Akpinar

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3 Answers | Asked in Wrongful Death for Alabama on
Q: We are filing a wrongful death suit for my dads death. How are damaged disbursed in a wrongful death case in alabama

My sister in main one talking to lawyers and getting the estate set up. She says she wants to make sure all debts are paid first. I’ve read different things I just want to make sure I understand the process

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr answered on May 26, 2020

Alabama handles wrongful death damages different than most (if not all) other states. In Alabama, the only damages recoverable for wrongful death are PUNITIVE damages. Compensatory damages such as pain, suffering, economic loss, etc. are not recoverable in Alabama. In addition, although the estates... Read more »

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1 Answer | Asked in Wrongful Death for Florida on
Q: What's it mean when they tag on "life felony" to a charge ?

Some guys broke into my house to rob me and my fiance and shot and killed him in the mix,

And now they've dropped there charges down from First Degree Premeditated Murder to Second Degree Murder Life Felony .

And I was wondering what life felony means? Does it mean they would... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on May 20, 2020

It’s probably a distinction without a difference. Both murder 1 and felony murder carry a life sentence. The felony murder rule states that if any death occurs during the commission of a dangerous/violent felony then all the actors involved will go down for murder 1. Aside from the criminal case,... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Q: What is the procedure for a daughter to request copies of her recently deceased mother’s medical records in Louisiana?

Mom’s medical records, were accessible, via-the-online-patient-portal, at the facility, where she passed away, but, 2 hours after her death, the hospital “deactivated” her “online-patient portal account,” preventing, any further access, to all of her pending, & past, tests results.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2020

Contact the Records dept at each hospital

But my guess is you will have to open a succession or file a med mal suit to get them.

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for Arizona on
Q: Can I represent myself in a Civil case for emotional distress? No luck with any lawyers.

Hello,

On May 2019 I became my father's Medical Power of Attorney. I provided a copy to the hospital were he was in. On June 8, 2019 my father was transferred to Intensive care unit. My father had decided to be a full code because he has other children that live 3-5 hours away and he... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2020

I'm very sorry for your loss. A person could generally represent themselves in any given tort matter. Whether such a case would be viable could be another matter. I'm sorry for the anxiety that this matter has caused you, but these situations with DNRs and other directives do arise in... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for Pennsylvania on
Q: How do I go about filing claim against Purdue Pharma. Before they claim bankruptcy?

I was prescribed 12 - 80mg. OxyContin per day for years and I actually got my script mailed to me each month through a uninsured program.

Tim Akpinar
Tim Akpinar answered on May 4, 2020

Reach out to attorneys who handle pharmaceutical/product liability cases. They tend to be the larger firms that handle class action and multi-district injury litigation. Good luck

Tim Akpinar

1 Answer | Asked in Tax Law and Wrongful Death for South Carolina on
Q: My mother is receiving a settlement for my father's wrongful death. Can she gift that money to her children tax free?

She would like to disperse the money to the six children when she gets the settlement, but is concerned we will have to pay taxes.

David Ostrove
David Ostrove answered on May 4, 2020

Typically, if the amount your mother received was for bodily injuries, it is not subject to income tax. Any portion for loss of income typically is subject to income tax. Depending on the amount of the award, if your mother gifts it to her children, there is no gift tax. It depends on the amount... Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for Maryland on
Q: My 28 year old daughter was hit by a car (doing 50-58 miles per hour) on Jan 2, 2020 and died instantly.

She did not cross the street in a crosswalk however, the car was speeding, but did not get a ticket. This occurred in Westminster, Carroll County MD

Mark Oakley
Mark Oakley answered on Apr 25, 2020

I am so sorry for your tragic loss. You should locate a personal injury lawyer with whom you are comfortable and go over the circumstances and legal options in detail. Whenever a death occurs arising out of an automobile accident, there is often a detailed accident reconstruction report... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death on
Q: Say someone's mother was laying in bed drinking two six after two six and their child kept buying them alcohol.

Would that child be able to be prosecuted for a crime if they died?

Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

Enabling a person's addiction isn't the same as killing them but people have been prosecuted though in regard to use of drugs. It is unlikely they would be prosecuted, but you may want to contact the District Attorney's Office to hear it from them.

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