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When wrongful death lawsuit is filed the person who died is often called the decedent?
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What is the person filling a lawsuit called?
The person filing a lawsuit is the Plaintiff. The person they are suing is called the defendant.
Can the parents of a married son file a medical malpractice lawsuit on his death if the wife does or does not file. I failed to mention only son with three grandchildren 11-18yoa in Ohio?
It is possible. This answer first depends on the laws of the state which has jurisdiction over the suit. It then depends on the type of lawsuit it is. Typically, medical malpractice resulting in death is a Wrongful Death action. A Wrongful Death action exists to compensate the dependents of the decedent for the loss of income they would have received during their dependency on the decedent had the death not occurred. The parents of a married son are not dependents, therefore they suffered no loss therefore they have no standing to file a Wrongful Death action. Proceeds of a Wrongful Death action are not payable to the estate of the decedent. However, along with most Wrongful Death actions is what is called a Survivor Action. The Survivor Action is for compensation for the decedent's pain and suffering as a result of the malpractice. Had the decent lived, he would have the right to sue for pain and suffering to compensate him for that. The death of the person does not alter the fact that that action exists, otherwise the doctor would almost be better off if the patient dies than if he lived. The Survivor Action does not die with the decedent. The proceeds of the Survivor Action DO become part of the estate and are available for distribution to the intestate heirs or to the beneficiaries under the will. In the event that the parents are the sole beneficiaries under the will, they would be the ones entitled to the Survivor Action proceeds. The wife would have no standing to bring the action and perhaps not interest in it either. In that situation, the parents could bring a Survivor Action only; but the point is they could file "a lawsuit". In the event that the decedent died without a will, the proceeds would again go to the estate and be distributed to his heirs. Many state laws have provisions that if a person dies with a spouse but no children, then the decedent's parents might also receive part of the estate along with the spouse. Once again, if the wife decides against filing, and if the parents would be entitled to a part of the estate, then they would have standing to file a Survivor Action lawsuit to at least recover their share of the proceeds.
If a person is convicted of wrongful death charged by his family can they go to jail?
No, because "wrongful death" is not a criminal charge, only a civil charge (a "lawsuit"), and can result in award of money (restitution, etc), but not jail.
What do we call the person who begins s a lawsuit?
The person who brings a lawsuit is called the Plaintiff or Petitioner.
Can your husband be sued for wrongful death if the accident was not his fault?
Anybody can be sued for wrongful death. Many people are sued for wrongful death even if they have no culpability in the event. It all depends on the desire of the family of the person who died. Whether the claim will be successful is an entirely different question. But the family of the decedent will potentially look for any sources of recovery and try to prove at least some fault on that person's behalf.
When does a wrongful death lawsuit occur?
Yes that usually means that the person has killed somebody. Probably not with pre meditated intensions.More than likely it was a negligent action on his part.
Is a wrongful death suit part of probate?
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.
A person who files or begins a civil lawsuit is called?
A plaintiff initiates a lawsuit against a defendant.
Are the contents of a house part of an estate when a person is deceased?
Generally yes. If the contents belonged to the decedent then they would be part of the estate. All the contents may not belong to the decedent if the property was rented to the decedent or rented by the decedent to someone else. If another person lived with the decedent some of the propery may belong to that companion.
What is a person bringing a criminal lawsuit called?
A person bringing a criminal lawsuit is typically called a prosecutor or a plaintiff in some jurisdictions. They represent the government and are responsible for bringing charges against the accused individual in court.
When fired from a job after 25 years is there a formula to determine the amount of settlement?
No. In the event a person is fired from a job, there is typically no settlement. If there is a lawsuit, the settlement or damages would be calculated based on the alleged wrongful conduct of the employer and the circumstances of the employee.
Who is the Grantor in a testamentary trust?
The grantor is the person who declares the trust and then transfers property to the trustee. In a testamentary trust the decedent is the grantor. That person can also be called the testator.
