Wrongful Death Legal Questions

It may not be too late.   If the other lawyer did not do anything on the case, you may still have time.  The timing starts to run from when you knew, or should have known that there was a problem.  you should seek out a personal injury attorney as soon as possible on behalf of your daughter, who has the claim against her father's estate for the wrongful death.  you will have to become the admininstrator of his estate, and will prosecute the claim as the mother of his child.  Goodluck. ... Read More

Generally, punitive damages are considered to a imposed on behalf of society in general and hence the view that a portion goes to the state. As puntive damage are NOT designed to compensate for damages caused, the views such awards as largely a windfall for victims, who in theory get the full value of thier compensatory damages. This is more of a political issue than a litigation issue.... Read More

Until you or a loved one become the victim of negligence, most Floridians don’t realize the number of laws passed by our pro-business, anti-citizen legislature and Governor.  The Nursing on law is just one example of legislation intended to protect big business, by make it harder for victims to pursue claims. The nursing home legislation has numerous provisions limiting damages and attorney fees, as well as placing unreasonable burdens for proving claims. With regard to the punitive damage section you referenced, it places ALL the financial burden and risks in pursuing the case on the victim’s lawyer. After devoting countless hours and funds into the litigation, if successful, half the total amount of punitive damages goes to the fund.  The fund does not even have to pay its share of the attorney’s fees or costs for recovering this money (i.e., the lawyer is giving away half his fee and the victim pays all the costs, not just its share).  Since compensatory damages for elderly victims can be very limited, having to turn over half the punitive damage award, without consideration of the costs involved, can discourages lawyers from getting involved. The law does require the State to investigate any cases where punitive damages are awarded, but these agencies are understaffed, underfunded and headed by appointees of our pro-business Governor. As the expression goes, elections have consequences. ... Read More

In a wrongful death case, the court must determine the correct list of family entitled to get the proceeds. If you have a lawyer, you should consult them. If there is no lawyer handling the case for the personal representative of the estate, then you should talk to a lawyer experienced in wrongful death about the case. Any motion must be aswered or there is a risk the court may be mislead about who the beneficiaries are. This sounds like a case worth seeking counsel for. It is hard for me to tell you more without knowing all the facts.... Read More

Yes, there may be a case depending on the facts. Some doctors in jails are private providers under contract and can be sued for medical malpractice if applicable. Other times if the wrong-doers are government employees , it is harder to pursue the case. I am licensed in both VA and NC, though you would need a VA lawyer to sue for wrongful death in VA.You should call someone soon if you want to look into it further.... Read More

Dear Anonymous, If your son was drinking at someone's home, and they allowed him to become intoxicated and then drive a vehicle, they may be responsible for his death.  The law in Indiana is known as Dram Shop Act, and applies to commercial businesses such as bars and restaurants, as well as individual homeowners.  You may very well have a claim against your son's girlfriends' parents which may be covered by an insurance policy.  These cases require an experienced wrongful death attorney, as there can be very complex questions about insurance coverage, as well as toxicology.  If you have questions, please feel free to contact me for a free case evaluation.... Read More

A competent personal injury lawyer cannot adequately evaluate a case based upon information posted on a forum such as this.  My best advice for you would be to contact a competent and experienced personal injury lawyer in your area.  Only after gathering all of the information about your dad and the circumstances surrounding his death would a lawyer be able to adequately and fairly evaluate the case.  And regardless of how intelligent you are, a layperson simply does not have the necessary knowledge to handle a medical malpractice case on their own.  Medical malpractice is a very specialized area of practice, and there are many lawyers who are not even competent to handle them. As to the statute of limitations, you are incorrect about it being two years.  Under Ohio law, you only have one year from the date the cause of action accrued to file a lawsuit for medical malpractice.  See R.C. 2305.113.  However, because your father died, there are two statutes of limitations applicable. First, for your father's conscious pain and suffering from the date of his injury until the date of death, you have one year from the date the cause of action accrued to file a lawsuit. Second, for the wrongful death claim, which is for the injuries and damages suffered by the surviving family due to the decedent's untimely death, you have two years from the date of death to file a lawsuit against all responsible parties. Also, you must have an executor/administrator of the estate appointed by the probate court before you can even file the lawsuit. Hope this helps.  You should contact an attorney immediately, as time can quickly run out, and it takes a considerable amount of time to properly investigate a claim and get a case ready to file.  This includes the need to have the case reviewed by an expert(s) physician to obtain the necessary affidavit of merit required in all medical malpractice cases. Best of luck, and very sorry for your loss.  ... Read More

I"m so sorry to hear about your son's tragic death.  Please give me some details.  When was the attack?  who owenod the dog?  Why do you think Monroe would be liable?  Was there anythning about the dog that would indicate prior viscous propensities?michael Barasch  ... Read More

I' sorry to read about Ed's passing and the horrible ordeal that you and your parents have had to endure.  I am a personal injury attorney, not an estate attorey.  That's who you need in order to contest the validity of the will.  I would ask lawyers.com to recommend an Estate attorney.   Michael Barasch... Read More

In the law of torts, the attractive nuisance doctrine states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools.... Read More

Your question does not include enough facts to give you specific advice.  However, the survivors of a murder victim would normally have a wrongful death claim against the perpetrator.  In some circumstances, they may have a claim against other individuals or entities as well.  For example, if an employer maintains an unsafe work environment, it may be responsible if an employee is killed or injured.  Or, if a landlord fails to provide proper security lighting or locking mechanisms, it may be liable for the injury or death of a tenant.  Often, liablity insurance will not cover intentional acts of wrongdoing, so whether insurance would be available depends on the facts and circumstances surrounding the incident.  Any time a person is injured or killed due to the negligence or intentional act of another, the first step is to consult with a qualified and experienced attorney.  Most good attorneys offer a free consultation to discuss the claim.  I recommend that you arrange for a consultation right away.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH PERSONAL INJURY/WRONGFUL DEATH CLAIMS, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More

Dear Anonymous, When discussing jury verdicts for wrongful death cases, there are no guarantees that a jury will award any amount of damages.  In fact, juries can, and frequently do, award no damages in wrongful death cases.  In your particular case, Indiana's Comparative Fault Act would apply. This requires a jury to apportion fault between the parties (and any named non-parties).  Therefore, if a jury were to find that your husband was more at fault than the other driver for causing the accident, the jury would have to give an award of zero damages, which would mean a victory for the defendant.   The fact that your case has been going on for over 2 years is also not uncommon.  There are many things that can delay getting a case to trial, many of which may be out of the control of the attorneys involved in the case.  If you have specific questions about your case, you should ask your attorney.  If you are not represented by an attorney, I would strongly encourage you to hire an attorney that is experienced in handling wrongful death lawsuits in Indiana. Very truly yours, Christopher E. "Chip" Clark  ... Read More