Get free answers to your Wrongful Death legal questions from lawyers in your area.
my question is the fire report said it was careless smoking and won’t even hear me when I’m trying to tell them that it had to have been a defective lighter since I found one in her truck and since bought three more and have had to blow up in my face. Due to the fire report and the fact that... View More 
answered on Nov 25, 2024
What you describe is pure guess, conjecture and speculation. You do not identify any hard evidence that a lighter (a) exploded in her home; or (b) was the cause of the fire that killed your sister.
The fact that it could have happened that way doesn’t mean it did. The fact that other... View More
My sister's Fiance was in FCI Schuylkill Minimum Security Correctional Institution. He was a healthy 52 year old man. He had been complaining of back pain for weeks and finally taken to an infirmary at the facility. My sister received a call from the Institution Monday June 17, 2024 saying... View More
answered on Jul 28, 2024
I'm very sorry for your sister's ordeal. A Maryland attorney could advise best, but you await a response for a month. You're not likely to find a pro bono med mal attorney - that's not the way they work. Most firms that handle med mal cases work on a contingency basis. That... View More
Facility nurse txt proof that supervisor gave word not to call 911 for my mother she fought to breath 2 days, her cell phone was locked in nurses office so she couldn't call herself we have proof per nurse on duty
answered on Mar 31, 2024
A Maryland attorney could advise best, but your question remains open for two weeks. It isn't fully clear what is meant by holding a case, whether not filing suit or other possibility. Attorneys would probably need additional details about the file to offer meaningful input about what they... View More
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answered on Jul 22, 2022
It should be divided based on the loss each victim endured. The mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care, attention, advice, counsel, training, guidance or education which the surviving has experienced or probably will... View More
My son was killed 15years ago.The killer is in jail now.
answered on Apr 28, 2022
3 years for a wrongful death that occurs in Maryland. There are no exceptions, as the time limit on commencing suit is deemed part of the substantive cause of action. I am sorry for your loss. Unless the jailed killer has assets, I do not see how you would satisfy a judgment even if the claim... View More
Also, if the estate hasn't been opened, does it affect the statute of limitations?
answered on Aug 7, 2021
There is no prerequisite evidence of authority required to file a wrongful death claim for the loss of your child. If your assertion of parentage is challenged, then the birth certificate of your child showing you as a parent would be the obvious proof to use in response, but other evidence too... View More
In a survival action, does the SOL start to run when the estate is opened or when the death occurs? Does equitable tolling apply?
answered on Aug 4, 2021
No, the SOL begins to run from date of accident or negligent act or omission that caused the injury leading to death, not from the date of death itself if the death occurred later. There are exceptions, usually under the "discovery" doctine, or where the decedent was under the age of 18... View More
If a child dies intestate, can the divorced parents independently file wrongful death claims on their own without an executor/personal representative/administrator? Or does one have to be appointed by the Court on behalf of the estate to file? Where do I find information about this?
answered on Aug 4, 2021
No, but all persons within the class of persons who are entitled to bring the action must be joined in the same action, or they must elect to be excluded from it. For instance, each of the divorced parents of the deceased child cannot bring their own separate actions. There can only be one case... View More
My dog went out my door and went missing for a couple of hours. Later animal control got a hold of my dog. I took my dog out a week later since I couldn't pay for the fees at the time. I went to go get my dog this Tuesday and they told me that she hasn't eaten in those days. My dog was 5... View More
answered on Jul 3, 2021
You have to prove that the shelter had a duty to care for your dog, breached that duty of care in some way, and that breach of care directly resulted in your dog's death. You have articulated no facts to support how or what caused your dog's death. How do you know your dog did not eat... View More
I was told some states require wrongful death awards to go through their court to disburse funds to the beneficiaries, over-riding the terms in the deseased's will.
answered on Jun 2, 2021
Was your deceased father the plaintiff in a wrongful death action for the loss of another family member? If so, then his share of any recovery belongs to the estate, and it gets disbursed as part of the estate assets. If the basis of the award is in fact your father's death in an accident,... View More
answered on Jul 3, 2020
In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.
She did not cross the street in a crosswalk however, the car was speeding, but did not get a ticket. This occurred in Westminster, Carroll County MD
answered on Apr 25, 2020
I am so sorry for your tragic loss. You should locate a personal injury lawyer with whom you are comfortable and go over the circumstances and legal options in detail. Whenever a death occurs arising out of an automobile accident, there is often a detailed accident reconstruction report... View More
Which MVA office would the county crash investigator send report to? Is what I meant.
answered on Mar 23, 2020
Here's the link to get a copy of the police report:
https://www.baltimorecountymd.gov/Agencies/police/requestreports/
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... View More
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... View More
About 753
answered on May 23, 2019
federal postal violations and state criminal violations are both likely.
his future earnings, and for how long?
answered on Dec 27, 2018
I am sorry for your loss. That is terrible.
Yes, lost earnings will be includable as part of the damages you can claim. The amount is based upon salary, projected future earnings as well as things like expected life expectancy which is a figure set out by the government. This is not the... View More
car accident?
answered on Dec 11, 2018
Hello - first, I am sorry for your loss!
There are many factors that go into an estimated future income when someone dies before they reach the workforce. In most cases, the attorney on the side of the deceased will hire experts in the area and gather evidence to support an estimate that... View More
file a wrongful death suit if I haven't had contact with him in a decade? He has no other living family members to my knowledge.
answered on Nov 27, 2018
First, I am sorry for the loss of your father! That is terrible.
Yes, the ability to bring an action is based on the family relationship. You should be able to bring such an action and may also be able to named personal representative of his Estate for that portion of the claim. It is... View More
answered on Oct 19, 2018
Ordinarily, lump sum amounts recovered for compensatory damages awarded in wrongful death claims are not taxable. If the recovery is not related to compensation for personal injuries, but for economic losses like lost wages, and the dollar amount is separately stated in the recovery, then those... View More
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