Wrongful Death Legal Questions

Certiainly not before someone passes, but generally after. There is obviously something missing here since they seemed to have the funeral home information. Its possible this is part of the CV19 protocal issues, where they do address this at the nursing home because people will demand to the home. Your best bet is to address this directly with the facility as a start and ask them why.... Read More

When someone is killed in an accident, an estate is created for that person. Both the person's children and his or her spouse could recover damages from a lawsuit. However, to do so, they would need to be Plaintiff's to the lawsuit. Also, the spouse and the children could each have separate lawyers representing them in a lawsuit. If the spouse is not a party to a lawsuit, that person would not receive any of the money recovered.... Read More

I am sorry for your family's loss, Jaylean. He was very young. Start with an autopsy. Further, the answer to your question can only be sought by request and review of your husband's complete medical records beginning with the death certificate and autopsy report to determine if the standard of care was breached by the physicians you have identified and did such a breach cause your husband's death.   Consequently, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay, as the Statute of Limitation in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of death.  ... Read More

I am sorry your mother passed away.  However, if she owned anything you will need probate her will.  You are required to file the will with the probate court in the county your mother lived in regardless of whether you file it for probate. You should retain an attorney experienced in assisting with estates to help you.... Read More

In Maryland each child has a seperate wrongfuld death case.  Therefore each child can have their own lawyer, and can bring their own case.   The survial action is brought by the Estate, and you must be the Personal Representative to bring such a claim.   I woudl suggest you contact a lawyer to consult on these issues, as they can be very complicated.   The first consultation is always free.  Good luck. ... Read More

I'm so sorry to hear about the loss of your brother.  Unfortunately the statute of limitations for a wrongful death case is two (2) years from the date of death.     Best regards,   Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 ... Read More

It's good that you have general liability insurance.  Just refer the matter to your insurance carrier and they will handle the claim from there.  If you require legal representation in the case, your insurance company will provide a lawyer for you.  Just be sure to cooperate with your insurance company and any lawyer they retain for you.  Your cooperation is required under the policy as a condition of your coverage.... Read More

I am sorry for your family's loss. In general, Medical Malpractice cases are expensive and hard fought. We do not expect them to be easy nor do we fear particular medical providers. The case particulars govern the decision whether to proceed or not. Sometimes legal opinions differ between attorneys regarding Medical Malpractice issues and cases and by reaching out you may be able to find an attorney or firm that will be interested. Be mindful of the Statute of Limitation- time may be of the essence, depending upon the dates and facts.  Do not delay.... Read More

Yes, a workers compensation claim for benefits can be filed against the company for his death. However, only "dependents" can receive benefits. These are wife, husband, child, mother, father, grandparent, sister, brother mother-in-law and father-in-law. Because you are not married, then you will not be able to file a claim for benefits.   ... Read More

I am sorry what happened to your mother and your loss. I would be suspicious as to the motiviation of your step father.  Is there litigation involved? You can check the progress of the case by going to the Wisconsin circuit court access site. If you have questions on the case, you should contact the attorneys handling the case for your mother.... Read More

Here is the Tennessee statute that addresses the statute of limitations in health care liability actions: (a)(1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104. (2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery. (3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists. T.C.A. § 29-26-116. Also, there are very strict requirements for pre-suit notification to health care providers and if you do not follow them, your case will be dismissed.   ... Read More