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This would be considered a civil action lawsuit and should be filed with an experienced lawyer. It is best to file quickly because most states have a statute of limitations.
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When does a wrongful death lawsuit go into effect?
When the suit is filed and the opposing party has knowledge of the suit.
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.
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.
What a Wrongful Death Lawyer Can Do for You?
Have you lost a family member to a sudden accident, medical malpractice, a product malfunction or criminal violence? Are you certain that he or she would still be with you today if not for the careless or deliberate act of another individual, group of people or a company? If so, you may be looking at a case of wrongful death and should seek legal counsel to learn about your rights to file a lawsuit.What is Wrongful DeathThe legal definition of wrongful death states that it occurs when a person is killed due to a negligent or willful act of someone else. For example, if your child fell from an amusement park ride and died, there are several possibilities for who is responsible for the death. The manufacturer of the ride, its operator, the ride's mechanic or other people on the ride who put your child's life in jeopardy may all be liable for the fatal injuries. The first duty an attorney has when taking on a wrongful death lawsuit is to determine exactly who is at fault.How is Wrongful Death Proven?Even when it appears obvious from the outset who is responsible for the death of your family member, it must still be proven beyond a reasonable doubt. Your lawyer will spend a considerable amount of time at the beginning of your case gathering evidence to prove the cause and effect relationship of your loved one's death. Some ways that he or she may go about this include interviewing witnesses to the accident, obtaining medical records and an autopsy report and having the accident reconstructed. It is crucial to the success of your case that there is hard evidence to support your claim.What Can You Expect in a Wrongful Death Lawsuit?When the other party is presented with your lawsuit, he or she may choose to settle it out of court. This saves both parties a lot of time and money. The lawsuit may also go to court if the other party decides to fight it. If it is decided in your favor, you will receive funds to reimburse you for medical, funeral and burial costs, loss of your family member's income if he or she was a working adult and a monetary acknowledgement of your wrongful loss of companionship.
How do you go about getting compensation for wrongful arrest?
The first step in getting compensation from any governmental organization for any reason is to make a claim to the organization. If the governmental organization denies the claim, you can file a civil lawsuit to recover damages.
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.
Where can I go to find a little more information about wrongful death attorneys?
Wrongful death attorneys can be found in any major city. If you check the local newspapers or papers from your nearest big scale city you should be able to locate great wrongful death attorneys with ease.
Where do you start to file a wrongful dismissal suit in British Columbia?
First you go talk to a lawyer.
Do you pay taxes on a wrongful death claim?
I was told on any money you get from a wrongful death suit you do not have to pay taxes on. Because you are being compensated for something you lost and can never get back. However; you should ask a tax consultant to be for certain, like H&R Block is the best ones to ask and they pay for mistakes that they make so go to them and have them do your taxes for you. Its worth the money you spend for them to file for you. :)
Where should someone go to find a good wrongful death attorney in their area?
The easiest way to find a wrongful death attorney is to visit the local courthouse. Courthouses typically will have attorney finding services inside, while nearby will be attorney offices. Other ways include contacting a friend's or family member's attorney. Their attorney would be able to refer to a wrongful death attorney. Websites such as Wrongful Death Law also offer attorney finder services.
Will an asbestos lawyer help your family if the victim is deceased?
Asbestos lawyers will file a wrongful death claim on behalf of a deceased asbestos victim. The statute of limitations, as well as the state in which the family member lived will affect whether or not the case can go to court.
How do you go about putting a lien on property for a debt without the owners consent?
File a lawsuit in the appropriate court in the city or county where the debtor owns property.
