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Louisiana Wrongful Death Questions & Answers
3 Answers | Asked in Federal Crimes, Wrongful Death, Elder Law and Probate for Louisiana on
Q: If the now deceased, added a stepchild to their bank account, does that person have rights to spend after death?

The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.

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3 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Louisiana on
Q: I need advice on what to do next. My husband was killed in a hit&run in Rayne, LA May17, 2019. I'm lost, need help.

I sent a question early this morning & was asked where the hit & run took place. It was Rayne, LA. I can't get anyone in that parish to release any info to me. He is not listed as an inmate, yet I can't even get the name of his insurance or his toxicology report. I'm disabled & I feel he or his ins... Read more »

Sye J Broussard
Sye J Broussard answered on Jun 14, 2019

I am sorry for your loss. If we have your husband’s name and the responding law enforcement agency, we can get a copy of the police report to utilize to file a claim with the responsible party’s insurance company to hold them accountable.

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3 Answers | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: May 17,2019, my husband was killed in a hit & run accident while riding his bicycle. Who do I contact to know my rights?

He was on a bicycle. The driver fled, but was arrested later that day. Can I sue his insurance for burial fees & pain & suffering? This was in Louisiana, on May 17,2019.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 14, 2019

So sorry for your loss. As a cyclist myself I am concerned. I’ve worked with attorneys there on serious accidents. What city did this occur? I may be able to direct you. You should be able to get payments from his insurance.

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1 Answer | Asked in Wrongful Death for Louisiana on
Q: my dad was killed in a vehicle accident . is it law to take blood samples from the driver
Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 13, 2019

Yes, the police will take a blood sample from all drivers involved as part of their investigation. My condolences on your loss.

2 Answers | Asked in Wrongful Death for Louisiana on
Q: in a vehicle fatality is it law to do blood test
Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 13, 2019

Yes, the police will perform a blood analysis on all drivers involved.

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Louisiana on
Q: My husband recently passed away from going into anafalatic shock none of the first responders had an epipen

Fire department attired first the police then ems. With the epipen he would still be with us

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Q: Should a person that is subpoenaed in a malpractice suit be forced to testify if they do not wish to?
Douglas Lee Bryan
Douglas Lee Bryan answered on May 16, 2018

The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.

1 Answer | Asked in Wrongful Death for Louisiana on
Q: If my lawyer didnt turn in my release form for the release of my money does that affect the 60 day hold
Douglas Lee Bryan
Douglas Lee Bryan answered on Apr 4, 2018

I don't understand your question. But if you have an attorney, I would suggest that you address the question to him.

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: I was on a line boat fire....I lost a close friend and coworker I'm suffer ptsd greatly. I don't know if I should sue..
Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

If it was on the job you get comp. If not you can make a claim for your injuries if someone's carelessness caused the fire. You should contact a member of the La. Trial Lawyers Assn who handles workers comp and other cases--they give free consults.

1 Answer | Asked in Wrongful Death and Criminal Law for Louisiana on
Q: Is there a "statue of limitations" for negligence homicide in the state of Louisiana? new evidence has just been found.

A possible negligence could have committed back in the Spring of 2005.

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

There's manslaugher. But as to a civil case, that sttute of limitations has long gone, and it's up to the DA whether to bring a "cold case."

1 Answer | Asked in Wrongful Death for Louisiana on
Q: In the state of Louisiana can student loans take your wrongful death settlement money?

I have recently settled on a wrongful death case of my son. Over the last year I have let my loans go into default. Will they take my settlement money because of this?

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

There are ways you can try to make this unlikely, but it's money you have and they can execute on this. There are defenses to student loans. First, is the person holding the loan the same as the original lender? If not they have to show that they have an assignment. Contact a member of NACA... Read more »

1 Answer | Asked in Wrongful Death for Louisiana on
Q: My ex-husband recently died as the result of a doctor's negligence. I am receiving a widow's pension through his

Social security. My children filed a wrongful death lawsuit. Since I am getting his social security, am I entitled to be a party in the wrongful death lawsuit?

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

You would not be as you were not married to him at the time of death. The children may make the claim because they had a blood relationship.For your peace of mind contact a member of the La. Assn for Justice --they can explain it to you.

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on
Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released
Peter N. Munsing
Peter N. Munsing answered on Aug 31, 2017

You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.

1 Answer | Asked in Wrongful Death for Louisiana on
Q: My ex husband passed away due to a doctor's negligence. I am receiving Widow's pension through his social security. My

Adult children filed a wrongful death lawsuit. Am I entitled to be a party in the case since I am his last wife that's not married?

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2017

You say "ex." If divorced the answer is no. If still technically married, you may but it may be undercut by the fact that you were at least informally an "ex."

2 Answers | Asked in Family Law, Civil Rights, Probate and Wrongful Death for Louisiana on
Q: If a person signs affidavit claiming that the Will before him is the descent handwriting bc he has seen it beforehand

What will be the penalty, if any, if the Will is to be fraudulent n forgery, unbeknownst to t he signer of the affidavit?

Kenneth V Zichi
Kenneth V Zichi answered on May 11, 2017

There is not a penalty for being WRONG, there is a penalty for KNOWINGLY misrepresenting or lying. If the affiant HONESTLY believed the handwriting was the same then there isn't a problem even if the handwriting is later proven to be faked. The 'trick' here is proof. Does the handwriting 'look'... Read more »

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1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: my father is deceased and he has a lawsuit with a lawyer in Texas against Sherwin Alumina Co. In Ingleside Tx. we are

trying to locate is attorney and the judgement. How do I retrieve this information.

The Lawyer is located in Dallas Texas

Peter N. Munsing
Peter N. Munsing answered on Mar 7, 2017

Go to the courthouse. Find the estate. Look at the filings. that should tell you.

1 Answer | Asked in Wrongful Death for Louisiana on
Q: If a judge ordered payment to the wife of deceased husband in a wrongful death lawsuit and child support enforcement

Calls after the judges decision doesn't the judges ruling override child support?

Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2016

Not necessarily. The child support order would have to be modified based on the Judge's ruling, unless the Judge specifically included it. I assume that you have a lawyer who represented you in the case--you need to discuss this with them.

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