by Caren » 24 Jul 2010, 20:43
I am looking for information on the law concerning wrongful death?
Is there a statute of limitation for a wrongful death in Canada?
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Caren
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by Roscoe » 24 Jul 2010, 20:43
I'm not sure what exactly you're referring to. Are you talking about suing someone for having negligently caused a wrongful death? If that is the case, the law is governed by provincial law and may vary depending on the province or territory where the wrongful death occurred.
There is no criminal code offence called "wrongful death" per se in Canada although there are other crimes dealing with culpable homicide.
****Note: The above is a general discussion on the subject matter of your question only and does NOT constitute legal advice. It is not a substitute for legal or other professional advice. Always contact an experienced legal professional to obtain legal advice that specifically pertains to your situation.
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Roscoe
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by Keturah » 24 Jul 2010, 20:43
If a mother (spouse) and children win a wrongful death law suit who should get the money for pain & suffering?
They are adult children and they are all listed on the lawsuit. The lawyers got 40% and the rest went to the plantiffs. They did not separate the money so it is up to the spouse and children to figure who should get what. The mother thinks she should get all the money. It was given as pain and suffering so it is one check that is not taxed.
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by Contessa » 24 Jul 2010, 20:43
Morally, in my opinion, it should be split equally if both spouse and children were plaintiffs in the suit.
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by Hedy » 24 Jul 2010, 20:43
?Statute of Limitations re:wrongful death law suite? ?Statute of Limitations re:wrongful death law suite?
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by Gavin » 24 Jul 2010, 20:43
Three years from the date of accident (in MOST states)...call an attorney in your area for a free consultation
actually, if it's medical malpractice, your statute may have started to run at a different time so definitely just ask an attorney
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by Dennis » 24 Jul 2010, 20:43
Who can tell me about Medical Malpractice or Wrongful Death Laws in the state of Illinois?
Is it true that in the state of Illinois you have 2 years to file a Malpractice/Wrongful Death Lawsuit against a Doctor in private practice, but only 1 year to file against a Public Hospital?
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Dennis
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by Scot » 24 Jul 2010, 20:43
Any action for personal injury or death against a physician or hospital must be filed within two years from the date the claimant knew or reasonably should have known of the injury. In no instance may a claimant bring an action more than four years after the date on which the alleged act or omission occurred.
If the claimant was under the age of eighteen when the cause of action accrued, the limitation period is eight years from the date of the alleged act or omission, except that in no event may such an action be filed after the minor claimant's 22nd birthday. If the claimant is mentally incompetent, the period of limitations does not begin to run until the disability is removed.
Wrongful death actions are governed by a different two-year statute of limitations that begins to run on the date of death. However, such an action can only be brought if, on the date of death, the decedent could still have commenced a malpractice action for the injury that caused the death.
In addition, the limitations period in actions brought against a local entity or its employees (e.g., a public hospital) is reduced to one year from the date the injury was received or the cause of action accrued. This takes the place of the ordinary medical malpractice statute of limitations when you're dealing with public entities.
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by Joey » 24 Jul 2010, 20:43
Charlie crist, how do i go about changing a law about sueing doctors for wrongful death in the state of Florid
I lost my daughter do the wrong doing of an emergency doctor. He did not do tests that would have saved her life. Instead she died 3 days after he saw her. This is wrong and because she had no husband or children, as her mother, I can not sue for wrongful death. How can this law be changed?
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Joey
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by Loan » 24 Jul 2010, 20:43
I feel for you losing your daughter. What you are proposing will not be easy.
To change the law, you will need to get in touch with your representative to the Florida legislature. See what he can do. If he is unwilling to do anything, then you will have to bring it up for a vote before the people.
You will have a long hard fight on your hands. There will be many people with lots of money working against you on a battle like this. Insurance companies for sure won't like it. Doctors won't like it. Many others won't like it because it will cause the price of malpractice insurance to go up.
You will have to check the specific laws in Florida for doing this. In my state, you have to register a petition with the state. The you would have to circulate that petition and gets several thousand signatures of registered Florida voters before they will put it on a ballot. When you get those signatures, you will have to get close to double or more of the actual number of signatures that you need. The reason is because all those signatures have to be verified.
Find someone experienced with writing laws to be put on a ballot to make sure you have the wording right, otherwise it could be thrown out after the election based on wording.
If it does pass, plan on it being challenged in court for a while before it can actually go into effect. after it does go into effect, it will still be challenged.
If you are up to doing all that, good luck.
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Loan
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Wrongful death claim definition
Over the years, states have passed wrongful death laws that provide compensation for persons who may have been damaged from the death of the victim as well ...
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