Wrongful Death Questions & Answers by State

Wrongful Death Questions & Answers

Q: My uncles death was "accidental" in the hospital due to a fall which resulted in bleeding on his brain. no kids. No wife

1 Answer | Asked in Wrongful Death for New Jersey on Mar 15, 2015

Answered on Aug 28, 2015

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Adam Studnicki's answer
I am very sorry to hear that. Wrongful death laws vary from state to state. The estate may have a claim. Talk to a local injury or probate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all...

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Q: in a wrongful death suit, when a judgement has been made, what is the judgement debtor's claim for exemption for?

1 Answer | Asked in Wrongful Death for Missouri on Mar 24, 2015

Answered on Aug 28, 2015

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Adam Studnicki's answer
More information is needed to answer. Talk to a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...

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Q: i need to know what forms have to be included when filing a wrongful death lawsuit in federal court?

1 Answer | Asked in Wrongful Death for California on Apr 11, 2015

Answered on Aug 28, 2015

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Adam Studnicki's answer
Your lawyer should do your filings for you.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal...

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Q: Can I file a wrongful death suit against the step mother of a 15 year old girl that was driving a vehicle on a state rd?

1 Answer | Asked in Wrongful Death for Virginia on Apr 30, 2015

Answered on Aug 9, 2015

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Adam Studnicki's answer
A local injury lawyer can advise of your rights and options, as well as who can sue under Virginia law.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

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Q: My brother died in jail my mother filed a wrongful death suit but was only railroaded can the siblings reopen the case?

1 Answer | Asked in Wrongful Death for Texas on Jun 16, 2015

Answered on Aug 7, 2015

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Adam Studnicki's answer
May be hard if case is settled and if she doesn't want to. Check with a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...

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Q: my brother and his wife died tragically in May in an apartment fire. I paid for their funerals?

1 Answer | Asked in Wrongful Death for California on Jul 20, 2015

Answered on Jul 30, 2015

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Adam Studnicki's answer
I'm sorry to hear about that. Talk to a local probate lawyer to see if you have claims against their estates.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...

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Q: do i have to keep the probate open if all claims have been paid but I am bringing a wrongful death lawsuit?

1 Answer | Asked in Wrongful Death for Colorado on Jul 27, 2015

Answered on Jul 30, 2015

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Adam Studnicki's answer
It may depend on the nature of the claims and the plaintiff's and/or statutory beneficiaries in the wrongful death action. Ask the lawyer you are using in your wrongful death case (and/or your probate lawyer).

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...

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Q: Can I sue insurance Co for wrongful death.

1 Answer | Asked in Wrongful Death for Ohio on Jul 26, 2015

Answered on Jul 28, 2015

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Adam Studnicki's answer
The person who shot the marine is responsible civilly and criminally. There may be restitution available through the criminal process. Insurance typically doesn't cover intentional acts like this. A local injury lawyer can confirm.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible...

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Q: If a wrongful death happened in Washington do I have to find an attorney there or can find one in the state I live?

1 Answer | Asked in Wrongful Death for Washington on Apr 2, 2015

Answered on Jul 21, 2015

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Adam Studnicki's answer
If a case is filed, it will have to filed in Washington. So you can work with a WA lawyer directly, or a local lawyer who may have to co-counsel with a Washington lawyer.

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Q: my 12 year son was misdinose and died in 2010 can I still file a clam

1 Answer | Asked in Wrongful Death for California on Apr 14, 2015

Answered on Jul 21, 2015

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Adam Studnicki's answer
I'm sorry for your loss. There are strict deadlines for making legal claims. It may be too late, but talk to a CA medical malpractice lawyer ASAP to make sure!

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Q: Is an estate required on a wrongful death settlement in Alabama?

1 Answer | Asked in Wrongful Death for Alabama on Apr 17, 2015

Answered on Jul 21, 2015

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Adam Studnicki's answer
In AZ, those are two separate things if there are surviving statutory beneficiaries. Talk to an Alabama injury lawyer ASAP to see how it works in Alabama.

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Q: My son was showing obvious signs of alcohol positioning and no one called for help. He was found dead the next morning

1 Answer | Asked in Wrongful Death for Alabama on May 26, 2015

Answered on Jul 21, 2015

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Adam Studnicki's answer
Talk to a local injury lawyer ASAP to determine if actionable negligence was involved.

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Q: My husband committed suicide while incarcerated at santa rita jail, and its been a year already what option do i have,

1 Answer | Asked in Wrongful Death for California on Apr 19, 2015

Answered on Jul 21, 2015

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Adam Studnicki's answer
Talk to a local personal injury lawyer asap. There are strict deadlines for making legal claims, and those deadlines can be much shorter for claims against public entities and employees.

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Q: Can my daughters mother sign a power of attorney over to me in a wrongful death suit

1 Answer | Asked in Wrongful Death for Mississippi on Jul 15, 2015

Answered on Jul 18, 2015

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Adam Studnicki's answer
More information is needed to answer this. Talk to a local injury lawyer about the wrongful death case.

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Q: I am looking to reopen the investigation into my mothers death what do I need to do?

1 Answer | Asked in Wrongful Death for North Carolina on May 29, 2015

Answered on Jul 14, 2015

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Adam Studnicki's answer
Sorry for your loss. You can speak to the authorities and/or hire an investigator.

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Q: Am I entitled to money from a wrongful death lawsuit that my brother started thats about our mother?

1 Answer | Asked in Wrongful Death for West Virginia on Jun 6, 2015

Answered on Jul 14, 2015

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Adam Studnicki's answer
Sorry for your loss. You should talk to your own lawyer asap! Schedule a consultation with a WV injury lawyer. Most offer free consultations.

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Q: is a employer liable if a employee died while on the clock at his job site

1 Answer | Asked in Wrongful Death for Hawaii on Jun 10, 2015

Answered on Jul 14, 2015

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Adam Studnicki's answer
If it was job-related, then workers' comp would normally apply. You can verify with a local injury and/or workers' comp lawyer.

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Q: son in law filed a wrongful death suit for my daughter dying. The case was settled how can I obtain the records? In WY?

1 Answer | Asked in Wrongful Death for Wyoming on Jun 24, 2015

Answered on Jul 14, 2015

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Adam Studnicki's answer
Sorry for your loss. Talk to a local injury lawyer ASAP! Most injury lawyers offer free consultations.

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