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Only if their is debt that is owed and not settled prior to a suit being filed. If a creditor finds this out they can attach a lien to it, otherwise it should not be unless the case was ongoing and settled prior to death. I am not a lawyer. Maybe you should ask a probate lawyer other then the one handling the estate. Not the wrongdul death. But remember that in just about every wrongful death action, there is an accompanying Survivorship Action. The recovery in a wrongful death action is not a part of the decedent's estate; but the recovery in the Survivorship aspect of the lawsuit is part of the estate. The reason is that the damages in a wrongful death action belong to the dependents of the decedent. The injured parties are the decedent's dependents because they have been wrongfully deprived of the income and support that the decedent would have provided them had he not been wrongfully deathed, ummm killed. As to the "survivorship action" (at least in NJ; other states may call it something else, but it is still the same thing) it is basically for pain and suffering the decedent experienced while being wrongfully killed. It is no different than a living person suing for pain and suffering after a car accident, except no further treatment is needed. Juries are asked to apportion their verdict giving some of it to the wrongful death claim and some to the survivorship claim. Wrongful death damages are usually calculable by taking the decedent's income and multiplying it by the number of years he would be expected to live on average. The jury then adds more money into the award for the pain and suffering the decedent went through. That amount is taxable because the damages were to the decedent. If he had lived through the accident, and been awarded damages for pain and suffering those damages would belong to him. If he were to die of some other cause later and the money still in his bank, they would be part of his estate.
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What is the statute of limitations for wrongful death claims in Nevada?
States have varying time frames in which a wrongful death suit can be brought. In Nevada an action for wrongful death must occur within two years to the day after the death.
When does a wrongful death lawsuit go into effect?
When the suit is filed and the opposing party has knowledge of the suit.
If you have a civil wrongful death before you are married is your spouse responsible?
if you have a civil wrongful death suit before you are married can your new spouse be held responsible
What is a wrongful death statute?
A wrongful death statute is a state which provides relief from the common law rule that the death of an individual cannot be the basis of a cause of action in a civil suit.
Where can you file a wrongful death suit?
A wrongful death suit is normally filed by a family member. If a criminal trial is being pursued, it could go in conjunction with that. If not, it can be done on it's own. It should be filed in the state and county of the actual death.
Who pays medical bills in wrongful death suit if estate has no money?
It would be relevant to know how this person died and who is being sued for wrongful death. Conceivably, if the wrongful death suit is won and a payment is made, then the plaintiff in the suit (presumably, a relative of the person who died) would be in a position to pay medical bills, although if the doctors are being sued for wrongful death it may not make sense to also pay their bills. If the suit fails and there is no settlement, and the estate has no money, then the medical bills do not get paid. Not every bill can be collected. Sometimes they have to be written off as noncollectable.
Who can file a wrongful death suit in Georgia?
The surviving family members with a lawyer help.
Does death of plaintiff extend Statute of limitations?
It may for a civil suit if it was a result of the action being sued for. It may have to be converted to a wrongful death suit for the estate.
Who is the best lawyer to contact for a wrongful death suit?
If you are looking for a lawyer who is specialized in wrongful death suits in the Cincinnati area I would recommend Freking & Betz, the advocates for working people.
Where can I find listings of Wrongful Death attorneys in Miami, Florida?
Wrongful death is a claim against a person who is held liable for the death of another person. Because a dead person cannot file a suit, a close relative is the one who brings about civil action. You can find wrongful death attornys in Miami at the folowing website: http://www.yellowpages.com/miami-fl/wrongful-death-attorneys
How long does it take to get a probate court date in Erie county Ohio for a wrongful death estate only?
There is no specific time frame in Ohio. The law suit has to be settled, the estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
What does a Wrongful Death law suit involve?
A wrongful death lawsuit is a civil action brought by the survivors of a person who has died due to the negligence or intentional act of another party. The lawsuit seeks to compensate for the losses suffered by the survivors as a result of the death, including financial support, funeral expenses, and emotional suffering. The burden of proof in a wrongful death case is typically on the plaintiff to show that the defendant's actions directly led to the death in question.
