Lawyers, Answer Questions  & Get Points Log In

Wrongful Death Questions & Answers

2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on

Q: Where and how could I find the copy of a thirty year old out of court settlement resulting from a wrongful death case?

Almost thirty years ago, my husband died in a car accident in which I was badly hurt too. A wrongful death case was brought against the party responsible and eventually settled out of court. Now, the brothers of my deceased husband have filed a criminal case in another country against myself,... Read more »

Peter N. Munsing answered on Aug 20, 2019

if it was an estate then the estate would have been set up in the county where it happened. That would have shown if there were heirs.

In most states, and I believe in Texas, the spouse gets everything unless there are children. Brothers get zero. That's if there is no will. Even if there...
Read more »

View More Answers

2 Answers | Asked in Civil Litigation and Wrongful Death for California on

Q: 5 mil lawsuit in 79-80s in which the children of deceased never received any funds from the suit? Can this be recovered

Wrongful death and DUI. Grandma was guardian of children but she was in trouble by the law at the time and they refused to give her the money. Children just learned of the lawsuit and want to know if it can be recovered since they are innocent of grandma criminal activity

William John Light answered on Aug 17, 2019

1. The children recover the money, not the guardian, so the Grandmother's criminal history would not be relevant. Any money is placed either in a blocked account (not accessible until the children turn 18), or is deposited into an annuity that pays out specified sums on a specified timetable.... Read more »

View More Answers

1 Answer | Asked in Probate, White Collar Crime and Wrongful Death for Missouri on

Q: Am I in someone's will?

Nina Whitehurst answered on Aug 11, 2019

There is no way for anyone in this forum to know.

2 Answers | Asked in Animal / Dog Law and Wrongful Death for California on

Q: Is she able to be sued and or prosecuted for animal cruelty?

My friend’s kitten escaped and ran to the neighbors house, and the neighbor intentionally put it in a pen with three dogs who of course attacked it. My friend tried to get there in time, but the kitten died at the vet.

Manuel Alzamora Juarez answered on Aug 7, 2019

What a horrible situation. Notify the police and animal control. The rest is up to the D.A. Very sorry for your loss.

View More Answers

1 Answer | Asked in Wrongful Death for Oklahoma on

Q: Do you think I have a case? Miscarriage due to refusal of medical treatment while in jail for 41 days in two counties.

I was also considered high risk i was 5 months pregnant when i had the miscarriage. I told the guards about hurting and was still refused medical treatment. March 2019- April 2019 41 days incarcerated

Benjamin Oxford answered on Aug 7, 2019

Yes you may have a case. You need to show that the jail was aware of your medical needs, or it was otherwise obvious, and the jail was indifferent to this need. You must also show the lack of care was the cause of the miscarriage.

You need to hire an attorney with experience in civil...
Read more »

2 Answers | Asked in Family Law, Personal Injury, Products Liability and Wrongful Death for California on

Q: Daughter died of heroine overdose after over a year clean. Was prescribed Percocet after C section. Dr aware of history

At first she refused but needed for pain. Then her brother informed us she asked him to get her more he refused. Found dead month after baby was born. Does hospital hold any liability.

Theodore Allan Greene answered on Jul 24, 2019

I am very sorry for your loss. It's not possible for someone to give you advice about your situation with the limited information available in this forum. You should immediately sit down with a local attorney and discuss the situation. If the first attorney doesn't want to take the case ask them... Read more »

View More Answers

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Maryland on

Q: Someone ran over my dog... Can they sue me for car damage?

Our dog was let outside (we live on a farm), she was unleashed. She ran out into the road and a speeding truck had run her over. He did not call the police. Our dog was taken to the vet immediately and stitched up (the vet bill was over $700). She was told she had a high chance to live but... Read more »

Mark Oakley answered on Jul 18, 2019

I am very sorry about your dog. Sadly, some people can have no sympathy whatsoever. Unfortunately, as owners of your dog, it is your obligation to maintain it under control and not allow it to run loose across traffic. The people should submit their claim to their car insurance, but legally, they... Read more »

View More Answers

1 Answer | Asked in Wrongful Death for California on

Q: I feel the Emergency Pet Hospital killed my MaltiPoo. Malpractice. Can I get help?

William John Light answered on Jul 17, 2019

You can sue for veterinary malpractice. You can recover the reasonable value of your dog. No emotional distress. You will need the testimony of another veterinarian to describe how your dog died and why it was the result of malpractice and not reasonable veterinary error/discretion. These are... Read more »

2 Answers | Asked in Family Law, Child Support, Probate and Wrongful Death for Florida on

Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...

My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...

Does Florida law prevent his kids from being in first control of everything when... Read more »

David Hughes Harris answered on Jul 16, 2019

Sorry to hear of your loss.

An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.

Please note that while your dad was "separated," Florida...
Read more »

View More Answers

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on

Q: How do I pursue a lawsuit against a doctor for a medical doctor for negligence? The incident happened about a year ago.

My daughter was diagnosed with Hypoplastic Left Heart Syndrome. She had surgery 1 day and a half later. After surgery her 02 decreased and she was put on ECMO for about a week. They decided to take her off ECMO and see if they would clean her chest. The doctors told me they would bring her back up... Read more »

Tim Akpinar answered on Jul 13, 2019

I'm very sorry for your loss. In answering your initial question, you pursue a lawsuit by demonstrating breach of a requisite duty of care on the part of the medical professional/facility. That's really a very simplified description of the concept, and this is a very complex case. If you are... Read more »

2 Answers | Asked in Car Accidents, Wrongful Death, Criminal Law and DUI / DWI for North Dakota on

Q: What is the likely hood of getting a leaving the scene of accident dropped down, to next to nothing?no injury, parked.

I have a class A CDL and it is my primary source of income.

the car was parked and i wasnt sure I hit it, i drove away. no one was injured

they already issued a warrant and I paid 750 cash bond

Peter N. Munsing answered on Jul 11, 2019

see my answer to the duplicate question.

View More Answers

2 Answers | Asked in Personal Injury and Wrongful Death for California on

Q: is a California hoa responsible for wrongful death? An elderly man died in our HOA hot tub. The clubhouse attendant who

is paid until 10 pm daily and closes up the cabana and bathrooms. The attendant came to the hot tub at 9:54 pm. She said the 81 year old was exposed and left him in the hot tub. Even though he had his cane showing. i know him well and know he would have exposed himself.

The autopsy shows... Read more »

William John Light answered on Jul 10, 2019

I don't know what "was exposed" means. He was naked? What does his "cane showing" mean? Why does any of that suggest that the attendant knew or should have known that the 81 year old was at risk of death?

Whether any of this adds up to wrongful death depends on a lot of factors that...
Read more »

View More Answers

2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Michigan on

Q: What type of lawyer do I need to sue my doctor for malpractice and do I even have a case?

My ob gyn said my baby was healthy when I was pregnant but I was sick so she prescribed me zofran. I was not informed of any major risks to myself or my baby by taking this drug. Thinking that I could trust my own doctor I thought it was safe. A short time after taking the prescribed drug, I... Read more »

Tim Akpinar answered on Jul 7, 2019

I'm very sorry for your loss. As a starting point, you could contact a medical malpractice attorney in Michigan for an initial consultation. In terms of your question about having a case, that is something an attorney could make a more meaningful determination after learning more details from you... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Wrongful Death for Kentucky on

Q: My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned?

My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned? Will she immediately be sent to county jail until her new trial takes place?

Timothy Denison answered on Jul 3, 2019

If the trial is overturned, She will be held on a bond to be set by the judge when the case is returned to him by the appeals court. At that time, release relief may be sought from the trial court.

2 Answers | Asked in Criminal Law, Personal Injury, Car Accidents and Wrongful Death for Arkansas on

Q: My brother was killed and they found the other driver at fault. The driver had no DL or insur - can they go to jail

What can our family do legally? The person said they didn't see him on his loud Harley, yet hit him on the passenger front side while making a left turn. This was in Arkansas where he lived with his wife and son.

Paul Gerard Pfeifer answered on Jul 3, 2019

I would recommend you contact an Arkansas injury lawyer to discuss whether anything can be done in a civil claim. Regarding whether there is criminal liability for what occurred, I would need more information and also direct you to the prosecuting attorney in the County where the wreck occurred.

View More Answers

1 Answer | Asked in Legal Malpractice, Probate and Wrongful Death for Ohio on

Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds

I

Mary Ellen Leslie Esq. answered on Jul 3, 2019

If you call me at (614)855-3126, I will be happy to discuss your case with you.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Ohio on

Q: Can I sue the veterinarian if the kitten dies the day after she has been examined by the veterinarian?

I had a kitten that just passed away this morning after being sent home the day before as if the kitten would be okay without being hospitalized? I went to the vet so that thwy could administer the appropriate care to save her life but the veterinarian did not sufficiently treat the kitten who they... Read more »

Taylor P Waters answered on Jul 2, 2019

Probably not. You would need to prove the veterinarian recklessly treated your kitten, and even so, your recovery would be limited to the "value" of the kitten. Without knowing more, it is difficult to assess.

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Indiana on

Q: Will my husband be arrested after questioning?

Our neighbor asked my husband to put her boyfriend in the tub. Her boyfriend was breathing just not responding. An hour later she called an ambulance and ge had overdosed and may die.

Andrew L. Bennett answered on Jul 1, 2019

More information would be needed to accurately answer your question. A situation such as you have described is very fact sensitive. He should consult with an attorney before speaking with the police.

1 Answer | Asked in Wrongful Death for Missouri on

Q: My parents was putting up an tv antana .got electricuted. Is it possible to to sue PG&e

my parents were electrocuted 40 years ago and I want to know can I sue the PG&e because where the lines were and how the pole fell onto the main power line

Ronald J. Eisenberg answered on Jun 24, 2019

It's terrible what happended to your parents but if the incident happened in Missouri you are way past the statute of limitations. A California attorney would need to advise you on the statute of limitations in California but I suspect it is far shorter than 40 years.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Oklahoma on

Q: Can a son sue for wrongful death of father for medical malpractice if the father's wife doesn't want to?

My father died of cancer. He went to the Dr. for a clot in leg. CT showed stage 4 cancer in lung, liver, elsewhere. Upon getting this news my father said he had 2 chest x-rays done months before at a pulmomologist's office and after the last one the Dr. said it might be cancer. No one knew of... Read more »

Benjamin Oxford answered on Jun 21, 2019

I'm sorry to hear about your father. You can sue on your own behalf, and potentially on behalf of your father's estate.

The wrongful death statute in Oklahoma allows children to bring their own claims for grief and financial loss. Additionally, you can bring the claim on behalf of the...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.