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Wrongful Death Related Questions

What is wrongful death?

Wrongful death is the demise of a human being as the result of a wrongful act of another human being. Wrongful acts can include: negligence, an intentional attack, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. A wrongful death lawsuit is the basis of a wrongful death action against the party who caused the death by a wrongful act they may have committed. The plaintiffs of the case would be the members of the family who lost the company and support of the deceased. Circumstances surrounding a wrongful death can be confusing to individuals involved. Uncertainties of what wrongful death is or who receives the funds from a wrongful death settlement often lead to questions like the ones answered below by Experts.

What happens after the wrongful death settlement is received?

The wrongful death settlement money will be paid to the surviving spouse or the plaintiff of the case. This will be reported as income for taxing purposes. The surviving spouse can have the settlement money paid into a trust to reduce the tax burden.

In the event of a wrongful death suit, or some Litigation which occurs on behalf of a decedent, would the suit be most likely filed on behalf of the estate of the decedent or can a child file a suit for their own benefit?

The wrongful death lawsuit would be filed by the estate. Many times the child is granted executor of the estate. This should be filed while the estate is open. Typically the damages an individual files suit for include pain and suffering along with punitive damages. Often the costs and legal fees are also included.

In a wrongful death claim does probate have to be opened and who gets the wrongful death settlement funds?

The executor of the estate is the only person that has the legal standing to bring a wrongful death action. With that being said probate will have to be opened in order to file a wrongful death claim. Distribution of the wrongful death settlement will depend upon certain factors and the specifics of the wrongful death case.

Can a wrongful death of a civil trial begin before the defendant, who has been arrested and charged with capital murder, has been tried in criminal court?

A wrongful death suit can begin before a defendant has been convicted. Most chose not to pursue a wrongful death case until the evidence against the defendant is known. However if the statute of limitations is ready to expire then a wrongful death suit may be started before the evidence is presented so as to be within the time frame to file suit.

Gathering the right facts along with a clear understanding of wrongful death can help when dealing with questions surrounding wrongful death situations. Experts can help answer what wrongful death is or who is in charge of filing a wrongful death claim. Get the answers fast and affordably by asking an Expert.

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Recent Wrongful Death Questions

  • My dad is presently in a Nursing Home/Rehab Facility in New

    My dad is presently in a Nursing Home/Rehab Facility in New York State. He is in the facility for weening off of a vent. We have had so many issues to deal with in the short 3 weeks that we have been there. Issues with the wrong meds being given, hygiene issues, electrical outlets that were overloaded with plugs from a vent, oxygen compressors, suctioning equipment etc., oxygen compressor that went out and never alarmed. I could go on and on.
    The most difficult issue to deal with occurred on January 7th. My father's pulsox machine was indicating that his oxygen level was declining. We rang for a respiratory therapist. She entered the room and did not seem to be concerned that the oxygen level was declining. We said the oxygen level is down to 82. She said, "He is okay". We said, "He is not okay."! The color is leaving his face. We said, "Do something! Get the amble bag!"She was walking out of the room and we were calling after her," Where are you going? Help him!" She said she was going to get gloves. My sister ran into the hallway and screamed for a nurse who ran into the room. I handed him the amble bag. My dad has passed out into my sister's arms before the amble bag was used. He slowly stared to come back. He had a mucous plug. We had dealt with this before at home. We knew what was happening. The respiratory therapist basically did nothing for my father during the medical emergency. Had we not been there he would not be alive today. We wrote a report about what took place and it was given to administration. The following day a gentleman entered my dad's room asking to see us. He escorted us into a small conference room and began screaming at us telling us that a committee met and decided that we interfered with my father's medical attention and were no longer allowed to stay overnite with him. We were only allowed to visit during regular visiting hours. He was in our face, trying to intimidate us, he threatened us with calling the police if we didn't comply. He did not ask us what happened the nite before. He would not engage in any civil conversation. He was rude and soul-less. He dismissed us and again said this is a private facility and you can be removed because this is private property.
    We were appalled by the way we were treated. We are dealing with Dad's serious illness and treated so callously.
    The following morning we called the state health dept to file a complaint about the facility. We told them that my father is still there and we didn't want an investigation done while he was still there. Well, 2 hours later when we were visiting with Dad, an investigator showed up and came right in Dad's room. We spoke a few minutes and we asked her what can be done. She said it could be a lot of he said she said. We thought we were hearing things. We have an ill father. Do you think we want to also be involved with all this at this time? All the complaints were life threatening issues. The facility should have records of our complaints that we shared with them at meetings etc. Well, 2 hours after her visit, the social worker stopped by to tell us that administration now decided that we can only visit my father 2 hours a day! A direct retaliation to the health dept visit!
    After reading about patient's rights in nursing homes, and the myths and realities and the fact that many families are unaware of their rights, I am looking to you for some help.
    Doesn't my father have the right to have his daughters with him at the facility ? Should there not be a limitation on the amount of time we visit? Aren't my father's rights being violated when he wants us with him? We should be threatened by a nursing home? What rights do we have???? We can't leave my father alone. He literally has no voice with the trach collar. We are his voice. Why should we have to feel like we are helpless?
    We don't know what else to do! Please reach out to us and help us understand what else we can do!!!
  • How can i find out if my sister settle a wrongful death case

    How can i find out if my sister settle a wrongful death case on my our mother who was in nursing home at the time...All we know she settle three weeks ago but is not telling us amount...But we are aware it might be between 100,000-150,000..We are five children for my deceased mother...We was told that thr first lawyer had included all five kids but case was then transfer to another lawyer which do not know the name? THANK YOU,Miriam Raman
  • My domestic partner had Alzheimer's and I finally had to put

    My domestic partner had Alzheimer's and I finally had to put her in a facility. There she had multiple falls. They had alarms on her w/c and her bed, but the alarms were never responded too. The only reason they knew she fell was when they found her on the floor. I told them it was only a matter of time before she broke a hip. On 7/13/2014 the home called me to tell me she fell, but was not hurt. The next morning 7/14/2014 they called to tell me they had taken her for an x-ray and she had a broken hip. She was admitted to the hospital and did a minimal procedure to ease the pain. She died 7/24/2014. Do I have legal recourse?
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