Wrongful Death Questions & Answers by State
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Wrongful Death Questions & Answers
Q: If you settle with a tort claim (o.c g.a. subsection 9-11-67.1) can you still be suit in civil court for wrongful death?
Peter Munsing's answer
Assuming part of the settlement was a release generally no, though it depends who was released. Get a copy of the release, talk to the lawyer the insurance company paid to represent you.
Assuming part of the settlement was a release generally no, though it depends who was released. Get a copy of the release, talk to the lawyer the insurance company paid to represent you.
Q: . The family is looking for help to get his murderer(s) brought to justice. What can we do? She also is his beneficiary
1 Answer
| Asked
in
Criminal Law, Car Accidents and Wrongful Death
for
Texas
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Grant St Julian III's answer
If a beneficiary on a life insurance policy is found guilty of murder of the insured, she/he will not receive the proceeds of the policy. You will have to talk with the DA assigned to the case regarding prosecution. Sorry for your loss.
If a beneficiary on a life insurance policy is found guilty of murder of the insured, she/he will not receive the proceeds of the policy. You will have to talk with the DA assigned to the case regarding prosecution. Sorry for your loss.
Q: death due to negligence
Elizabeth Tarasi's answer
The car accident was the cause of her untimely death not the fact that she was in the car going to an interview.
The car accident was the cause of her untimely death not the fact that she was in the car going to an interview.
Q: If a person commits suicide, Can that person claiming they caused it go to jail
Matthew Williams' answer
Some prosecutors have begun experimenting with bringing charges against people accused of bullying a person into committing suicide.
Some prosecutors have begun experimenting with bringing charges against people accused of bullying a person into committing suicide.
Q: How do you get records that are sealed open & is it possible to file a suit against the NYPD & the city w/ a 25 y/o case
1 Answer
| Asked
in
Criminal Law, Personal Injury and Wrongful Death
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
Time for you to bring a case would have been, with the most liberal ruling, when you turned 21. I don't see any way, but why not contact a member of the NY State Trial Lawyers who handles police misconduct cases.
Time for you to bring a case would have been, with the most liberal ruling, when you turned 21. I don't see any way, but why not contact a member of the NY State Trial Lawyers who handles police misconduct cases.
Q: Are employers required to report deaths of employees to work comp or OSHA?
1 Answer
| Asked
in
Employment Law, Personal Injury and Wrongful Death
for
Georgia
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
Your estate lawyer should have suggested to you that you had that right. Likely it's passed, but why not contact a member of the Ga Trial Lawyers Assn in your county--they give free consults. Look for one that handles workers compensation.
Your estate lawyer should have suggested to you that you had that right. Likely it's passed, but why not contact a member of the Ga Trial Lawyers Assn in your county--they give free consults. Look for one that handles workers compensation.
Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?
1 Answer
| Asked
in
Personal Injury, Medical Malpractice and Wrongful Death
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.
I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.
Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .
2 Answers
| Asked
in
Family Law, Appeals / Appellate Law, Probate and Wrongful Death
for
Florida
on
Answered on Jan 31, 2019
Answered on Jan 31, 2019
Lauren Nagel Richardson's answer
I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.
All is not lost, however. If the spouse does not want to serve as personal representative and waives his right to serve, or if time goes by and he does not open the estate or pursue the wrongful death claim, then you could petition the court to...
I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.
All is not lost, however. If the spouse does not want to serve as personal representative and waives his right to serve, or if time goes by and he does not open the estate or pursue the wrongful death claim, then you could petition the court to...
Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.
2 Answers
| Asked
in
Workers' Compensation, Employment Discrimination and Wrongful Death
for
California
on
Answered on Jan 26, 2019
Answered on Jan 26, 2019
Ronald Mahurin's answer
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.
Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.
Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....
Q: I was involved in a auto accident. Me, my 8 year old boy, & I miscarried my baby. Progressive paid for my son but refuse
Peter Munsing's answer
Contact attorney Chuck (Carl) Jacobson in Charleston. Tell him I suggested you call. He gives free consults.
Contact attorney Chuck (Carl) Jacobson in Charleston. Tell him I suggested you call. He gives free consults.
Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
William John Light's answer
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
Q: I was the executor of my mother's estate after she was hit by a car and died. It's taken me forever to sort out her
Peter Munsing's answer
I believe you have three years. Contact a member of the Mo. Trial Lawyers Assn in the county where it happened--they give free consults. If you need names, give me a call.
I believe you have three years. Contact a member of the Mo. Trial Lawyers Assn in the county where it happened--they give free consults. If you need names, give me a call.
Q: Can two plaintiffs sue a sibling for max of 7,500 each within one small claims lawsuit case? total of 15,000
William John Light's answer
If they are different claims, you can. If it's the same claim and they are jointly liable, then you can't.
If they are different claims, you can. If it's the same claim and they are jointly liable, then you can't.
Q: Any way to keep my nephew from benefitting from my sister's death?
Robert D. Kreisman's answer
I'm not familiar with North Carolina's law on wrongful death claims. In many jurisdictions there are wrongful death acts that give weight to the relationship that a "next-of-kin" has with the decedent. In other words a court and/or jury would consider what if any relationship each person who is considered a "next-of-kin" claiming the loss of the death had with the decedent. If your sister survived this incident for any length of time before her passing then a survival claim could be made. In...
I'm not familiar with North Carolina's law on wrongful death claims. In many jurisdictions there are wrongful death acts that give weight to the relationship that a "next-of-kin" has with the decedent. In other words a court and/or jury would consider what if any relationship each person who is considered a "next-of-kin" claiming the loss of the death had with the decedent. If your sister survived this incident for any length of time before her passing then a survival claim could be made. In...
Q: How can I help this mother get closure from her sons suspicious death in foster care?
William John Light's answer
It is highly doubtful that you are going to be able to adequately investigate a death from 17 years ago. You can try to get the body exhumed and hire a pathologist to perform an autopsy. Be prepared to spend about $10,000, at least. Whatever that determines may lead you to other lines of inquiry which may require an attorney or a private investigator, or both. Substantial additional amounts of money would be required for whatever services those persons would need to perform. The end result...
It is highly doubtful that you are going to be able to adequately investigate a death from 17 years ago. You can try to get the body exhumed and hire a pathologist to perform an autopsy. Be prepared to spend about $10,000, at least. Whatever that determines may lead you to other lines of inquiry which may require an attorney or a private investigator, or both. Substantial additional amounts of money would be required for whatever services those persons would need to perform. The end result...
Q: My brother surrendered .y dog to the animal shelter whom put it to sleep but never notified me
William John Light's answer
You have left out a lot of facts: like why your brother did that? Why you didn't get the dog from the shelter? Depending on facts, taking the dog to the shelter may have been the proper thing to do. Putting the dog to sleep might have been the proper thing to do. Without the full story, no one could make any conclusions.
You have left out a lot of facts: like why your brother did that? Why you didn't get the dog from the shelter? Depending on facts, taking the dog to the shelter may have been the proper thing to do. Putting the dog to sleep might have been the proper thing to do. Without the full story, no one could make any conclusions.
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
1 Answer
| Asked
in
Wrongful Death, Health Care Law and Medical Malpractice
for
California
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
William John Light's answer
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful
Mitchell Feldman's answer
The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.
The statutes will spell out the damages available
Who may recover is also spelled out in the wrongful death act as not everyone has a claim for the death of a family member.
Consult an...
The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.
The statutes will spell out the damages available
Who may recover is also spelled out in the wrongful death act as not everyone has a claim for the death of a family member.
Consult an...
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