Wrongful Death Q&A by State
Your current state is Virginia
Wrongful Death Questions & Answers
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 »
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 »
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
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 »
Q: Am I in someone's will?
There is no way for anyone in this forum to know.
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.
What a horrible situation. Notify the police and animal control. The rest is up to the D.A. Very sorry for your loss.
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
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 »
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.
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 »
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 »
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 »
Q: I feel the Emergency Pet Hospital killed my MaltiPoo. Malpractice. Can I get help?
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 »
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 »
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 »
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 »
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 »
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
see my answer to the duplicate question.
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 »
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 »
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 »
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 »
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?
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.
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.
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.
Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds
I
If you call me at (614)855-3126, I will be happy to discuss your case with you.
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 »
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.
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.
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.
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
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.
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 »
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 »
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