Wrongful Death Legal Questions

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Wrongful Death Questions & Legal Answers - Page 6
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Recent Legal Answers

How many years can you wait before filing a claim?

Answered 11 years and a month ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Wrongful Death
The statute of limitation in a wrongful death action is 3 years from the date of discovery.
The statute of limitation in a wrongful death action is 3 years from the date of discovery.

If only the drunk driver is killed in a car accident from being over served at a bar and was using a fake ID can they be held reliable?

Answered 11 years and 2 months ago by Charles James Brocato (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
The bar can be responsible for over serving a person (regardless of fake ID) if the person was obviously intoxicated. It's not involuntary manslaughter if a friend hands the key over.   This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More
The bar can be responsible for over serving a person (regardless of fake ID) if the person was obviously intoxicated. It's not involuntary... Read More

wrongful death or malpractice?

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Wrongful Death
I am very sorry for your loss.  It is entirely possible that your brother was misdiagnosed, and then mistreated.  The doctor might have missed the infection.  If you contact my office I might be able to provide you with some suggestions. 
I am very sorry for your loss.  It is entirely possible that your brother was misdiagnosed, and then mistreated.  The doctor might have... Read More

as a mother, can i sue the owners of the property to which my son was murdered at a high school. parents knew kid were drinking

Answered 11 years and 3 months ago by Mark Kenneth Flores (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
You may be able to sue depending on the facts of the case.  Please list more facts concerning the nature of the incident.  Thank you.
You may be able to sue depending on the facts of the case.  Please list more facts concerning the nature of the incident.  Thank you.
You may have a case. I need to know more facts. Please call to discuss Stephen Black, 407-581-2581 lawshark78@aol.com
You may have a case. I need to know more facts. Please call to discuss Stephen Black, 407-581-2581 lawshark78@aol.com

Can I hire another attorney if I am currently involved with another firm in a wrongful death case?

Answered 11 years and 4 months ago by Mr. Joseph Isaac Lipsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
First of all please except our condolences on the loss of your husband. You are free to consult with any other attorney you want for a second opinion. If you then decide to hire the second lawyer that is your absolute right. Please feel free to call us for a no obligation consultation on our toll-free hotline 1-888-352-5298.... Read More
First of all please except our condolences on the loss of your husband. You are free to consult with any other attorney you want for a second... Read More

Can a chemical dependency treatment center be held accountable for a suicide?

Answered 11 years and 4 months ago by Charles James Brocato (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
The facility is not responsible for your father's suicide.
The facility is not responsible for your father's suicide.

My son colapsed in the hospital and went in to a coma.

Answered 11 years and 4 months ago by Mark Kenneth Flores (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
When a doctor’s conduct falls below the “standard of care”  you may have a medical  malpractice case. Medical malpractice cases are highly litigated.  You need to gather your son’s medical records and contact an attorney.  
When a doctor’s conduct falls below the “standard of care”  you may have a medical  malpractice case. Medical malpractice... Read More

Can a sibling file a wrongful death suit inWashington

Answered 11 years and 4 months ago by Charles James Brocato (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Only the spouse of children.
Only the spouse of children.

can a wife be sued for wrongful death by the deceased's siblings

Answered 11 years and 5 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
This sounds like an issue that you may want to report to the police.
This sounds like an issue that you may want to report to the police.
I am sorry for your tragic loss. Unfortunately, this is a classic example of the expression, elections have consequences. The Florida legislature (and Governors) repeatedly put the interests of doctors, insurance companies and big business ahead of the needs of Florida residents (and .  As other lawyers already explained, the doctor’s lack of coverage and the ability for doctors to shield personal assets from collection, make it near impossible to pursue anything but the most straightforward cases, or the rare instance where excess coverage exists. It appears you have complicated facts that will require a lawyer to expend significant time and resources to unravel. Outside of suing the doctor for wrongful death malpractice, I can understand your filing a complaint with the State’s Medical Board. Sadly, I do not expect you will receive much satisfaction from that process. I have little to add other than to encourage you to help prevent this from happening to other families. This year, like the ones before, the medical lobby and “their” Florida Legislature and Governor will push for even more laws protecting doctors from responsibility for medical negligence. These laws are always sold with phony statistics about the so-called crisis of medical malpractice and stories of greedy lawyers.  Its pure politics, except to the malpractice victims and their families. There is an election next month.  I urge you to vote for the candidate and issues that are important to you. I am sorry I cannot help, but do not give up trying to find a qualified medical malpractice trial lawyer. Best wishes to you and your mother. ... Read More
I am sorry for your tragic loss. Unfortunately, this is a classic example of the expression, elections have consequences. The Florida legislature... Read More
Generally yea the proceeds are divided among the surviving family members. I would Consult an attorney though and go over the circumstances in detail.
Generally yea the proceeds are divided among the surviving family members. I would Consult an attorney though and go over the circumstances in... Read More

do I have a Case

Answered 11 years and 5 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Consult an attorney promptly.
Consult an attorney promptly.
Unfortunately, too much time has passed and any claim would be barred by the statute of limitations.
Unfortunately, too much time has passed and any claim would be barred by the statute of limitations.
There are some lawyers pursuing actions against Lamictal.  Contact me through my website and I will be happy to speak to you further about it.
There are some lawyers pursuing actions against Lamictal.  Contact me through my website and I will be happy to speak to you further about it.

If someone harass me do I have the right to defend myself?

Answered 11 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Wrongful Death
You generally cannot use physical force to oppose verbal or non-physical harrassment. Your best bet is to simply leave and go elsewhere or call the police if appropriate. If you have further questions, please call our office at 1-800-922-6442 for a FREE consultation.
You generally cannot use physical force to oppose verbal or non-physical harrassment. Your best bet is to simply leave and go elsewhere or call the... Read More

can I due if my son was killed at a party on someone property

Answered 11 years and 6 months ago by attorney Karen A. Leiser   |   1 Answer   |  Legal Topics: Wrongful Death
First of all, I am sorry for your loss.  I would need a LOT more information before being able to determine whether you have a potential claim.  How did he die?  Was it intentional or caused by someone's negligence.  Even if it were merely an act of god, it's possible that it may be covered under the home owner's insurance.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
First of all, I am sorry for your loss.  I would need a LOT more information before being able to determine whether you have a potential... Read More

Can you a wrongful death suit be filed against you more than once if you paid already?

Answered 11 years and 6 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Not if the suit was concluded properly and a general release was executed.
Not if the suit was concluded properly and a general release was executed.

Can a Hosptial be liable since my Dad committed suicide the day after released, and his primary doctor also for changing his Medical Records?

Answered 11 years and 6 months ago by Charles James Brocato (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Really can't answer this question without further investigation. If this happened in AZ, you will need to contact an attorney in that area.
Really can't answer this question without further investigation. If this happened in AZ, you will need to contact an attorney in that area.

wrongful death or not(who's held accountable)

Answered 11 years and 7 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
The property owner would have to be responsible for the condition on the property that caused the death.
The property owner would have to be responsible for the condition on the property that caused the death.

Knee operation gone wrong

Answered 11 years and 7 months ago by Mark Kenneth Flores (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
I will need more details.  Please be advised that the statute of limitations for Medical Malpractice cases is only one year.  Please start gathering the medical recordss and please contact me via e-mail or by phone (805) 452-3705. Thank you.
I will need more details.  Please be advised that the statute of limitations for Medical Malpractice cases is only one year.  Please start... Read More

how we can choose Auto Accident Attorney Ft Myers?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Wrongful Death
There is no requirement that you retain a lawyer in your area. If you can't find one you like, any lawyer practicing in Florida can help. As a long time motorcycle rider, I would also advise that you retain a lawyer that actually understands motorcycles and motorcycle accidents, as opposed to just takes pictures of themseleves sitting bikes for billboards. There are many many nuances to motorcycle cases that claims adjusters simply dont get, that can be addressed if you understand the issues. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read More
There is no requirement that you retain a lawyer in your area. If you can't find one you like, any lawyer practicing in Florida can help. As a long... Read More

Please see below

Answered 11 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Wrongful Death
first, I am sorry about your son's death.  The administration ad prosequendum is for a wrongful death action.  What they are asking you is to give up your right to serve as the Administrator and let some one else take over bringing the wrongful death action on your behalf.  As the child's mother, you have the natural right to be the first choice to be the person to bring that action, but if you want someone else to do it for you, then sign the paperwork.  If you would rather be the one responsible for bringing the wrongful death, then don't sign and contact an attorney yourself.  Good luck.... Read More
first, I am sorry about your son's death.  The administration ad prosequendum is for a wrongful death action.  What they are asking you is... Read More

Sister- age 54 bariatric sleeve,died 7hrs after surgery while in hospital from hemerage.

Answered 11 years and 9 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Consult an attorney, form an estate for your sister, acquire a copy of her medical chart and take the medical chart to an experienced medical malpractice attorney. Good luck with the claim, it sounds like it will be successful.
Consult an attorney, form an estate for your sister, acquire a copy of her medical chart and take the medical chart to an experienced medical... Read More
You probably will not have to administer the estate to finalize a settlement, unless the insurer insists upon it. However, it is NEVER a good idea to settle a serious injury or death claim without getting advice from an experienced and qualified attorney.  The insurance adjuster may seem genuinely concerned, but his or her job is to pay as little as possible to resolve the claim.  I strongly advise you to consult with a good attorney NOW. Also, there are time limits for filing a lawsuit to recover compensation for any injury or death.  Your attorney will make sure that your rights are protected.   MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH INJURY AND ACCIDENT 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. Note:  No attorney-client relationship is created by this answer.  This response is for general information purposes only.  Always consult directly with an attorney before taking any legal action.... Read More
You probably will not have to administer the estate to finalize a settlement, unless the insurer insists upon it. However, it is NEVER a good idea... Read More