do all wrongful death cases go to court?
375357
Well if you want to make a claim of wrongful death you are going to need to threaten to go to court in order to attempt a settlement, which still has to be approved by a court, so techincally, if the estate wants to get money, they almost certainly will want to go to court.\n\nHowever, if an estate wants their money faster and doesn't want to have to fork over 30-40% of the settlement/judgement to a lawyer, you could shorten the process by dealing directly with the party or their insurer.\n\nIf you have a reasonable request, you may get a higher, quicker settlement.
882667
It really depends on the laws of your state, but usually what happens when a person dies intestate is that the court appoints an executor who is responsible for liquidating all the assets of the decedent's estate.  Before any friend or family member gets any money or property out of the estate, the executor has to pay for any claims made against the estate.  As a result, whoever pays for the funeral and burial expenses can make a claim against the estate for reimbursement.  In this case, I would strongly advise you against getting involved if you're worried about how you'll be able to pay for it and whether your ex has enough assets to cover the burial/funeral expenses.  Doesn't matter if his brothers and sisters expect you to handle this or not -- you are under NO LEGAL OBLIGATION WHATSOEVER to stump up the cash for anything involving your ex.
144058
Technically yes, but practically no.\n\nThere is no formal procedure like contesting a will.  If a person belives that the deceased changed the beneficiary, that person can contact the life insurance company, or sue the life insurance company, and bring forth evidence that somehow the life insurance company's records are wrong.\n\nBut the beneficiary won't be changed based on what is in the will, or any evidence other than that the life insurance company made a mistake.  You can't argue that the deeceased changed her mind, if she didn't tell the life insurance company.\n\nYour argument is: she didn't leave me anything in the will, because she knew she had left me the life insurance.
544840
It depends on what country you live in. If in the US, then it depends on what state you live in and/or the juristiction of the case (ie., federal, state, county...)
346816
the attorneys will let you know.\nit takes years,especially if it is simple exposure and how massive of exposure.\nmy dad died of mesothelioma,so depending on what is being filed and extent of exposure it may be waiting for cause and proof from death also.\nthere are so many in bank ruptcey that it will take awhile for the judges to distribute settlements from the assets of the companies also.\nif it is going to the estate then the executor should have the information,usually they will only speak to this person also
496162
only when someone dies
911735
Court?  City?  State?
518957
Assuming that there was no conspiracy to frame the individual for a capital offence with the expectation that he would die (very Hollywood ...), no one would be legally liable, especially not for murder (no mens rea to commit a criminal act, e.g.) \n\nThe terminology is "Wrongful Conviction".\n\nIt might be interesting to consider whether there would be a civil case against the State, however.  Consider high-profile cases of wrongful conviction that have led to long sentences - and to high compensation awards upon release after innocence has been determined.  I would think that civil liability would follow if it ould be shown that there were systemic errors/biases or specific cases of negligence in the investigation and prosecution.\n\nEven then, there may be bars against liability, depending on local legislation.
157461
Wrong,  murder is not one. There is no statute of limitations on murder.\nOther crimes may go on a state by state basis
955570
Don't spend the money until the check is in your hand... you just never know on these things.  I've seen death cause cases get nothing.
803526
I'm in the UK but the basic principles are much the same. \n\nDouble Jeopardy means that you cannot be tried for exactly the same crime twice - particularly murder. For crimes such as this, a person must be found guilty "beyond reasonable doubt" (this is known as the "burden of proof").\n\nFor wrongful death, the burden of proof is lower because a wrongful death suit is a civil action (rather than a criminal prosecution). For civil actions the burden of proof merely requires that they be found guilty "on the balance of probabilities" - in other words an element of reasonable doubt is permitted.\n\nWrongful death actions often occur after a criminal murder trial has failed through lack of sufficient evidence to prove guilt even though there is a strong suspicion that the accused person is responsible for the death.\n\nIncidentally, here in the UK there has recently been the first conviction under Double Jeopardy. The law was recently changed allowing a person to be tried a second time after having been found not guilty at their first trial. A second trial is now permitted if significant new evidence is brought forward which brings into question the verdict at the first trial. This is basically in response to advances in DNA and forensic science.
304415
It's not a trial any more. The facts can no longer be contested. All the appellate courts are looking for is whether something procedural was done wrong at the trial level. \n\nYou can't say, "I didn't kill her."\n\nYou can say, "The trial court improperly did not allow me to introduce evidence that would have shown I didn't kill her."
1142676
I have been sued twice. I was sued for breaking a man's ribs while performing CPR on him (I am a paramedic). The case never went to court. The judge refused to hear the case, dismissing it because it "was of frivolous merit".  The second suit was over another CPR. I did not comply with a spouses demand that I call a helicopter to fly his wife to the hospital where she was on a heart transplant waiting list while she was in full arrest. No heart available at that time mind you.  I took her to the closest ER, where she survived for a couple of days in the ICU. That case never went to court either. The City attorney told the guy to piss off, that the city would not settle out of court. All of a sudden, the suit was withdrawn. Hmmmmm....
479249
Unfortunately the courts in this country favor the accused when it comes to justice. A personal thought, you may want to keep a journal on hand so that you can keep all incidents, such as his remarks towards killing himself, on file. Just have the date/time, explanation of incident. This may help should you need to go through a major trial or anything of that nature.\nI'd keep pulling strings, piss some people off, get a lawyer working along side of you. If the lower courts refuse to do anything, I'd take it to higher courts.
203620
Go to the probate court for the county where he resided when he died and ask to see the file. You will need to get the case's docket number first. And this applies only if the will was probated.
264463
There is such a thing as criminal negligence.  Let me give you an example:  If a person is drowning in a pool and you are holding the lifesaver ring and don't throw it to them, then you are committing a crime of inaction (if it can be demonstrated that you were capable of throwing the ring).  As far are accidents go, you probably can't be held accountable for such a thing because of the diffusion of responsibility that comes with being a motorist on a highway.  Each person who passes the accident might reasonably believe that someone else has or will report it.  As for whether you can be prosecuted:  The reality is that a prosecutor can charge you with any crime at any time, regardless of circumstances or evidence.  The questions you need to be more concerned with are how likely is the prosecution, and how likely is a conviction.  In the case of your question the answers are: not very likely, and not a snow-balls chance in hell of conviction provided you give even a half-assed reason why you had something better to do than report the accident (ie my phone battery was dead).
1002509
To win the case, you have to prove negligence on the part of the college. If the accident is caused by you not watching where you are going, or you were distract, then you are the one negligent. Proving negligence on the part of the college is going to be real hard, because for example, you slipped on spilled coffee. How are you going to prove whose coffee made you fall?  If it is spilled and left there by  students, the college janitorial staff is obligated to mop it up to prevent an accident from happening, but establishing the time frame from the time the coffee is spilled to the reasonab;le time frame it should have been moped up is going to be hard, if not impossible to prove. I would just drop the whole thing myself.