The bill, L.D. 327, would give families the opportunity to seek damages in probate court
under wrongful death statutes if a fetus that is viable (i.e., has reached at least 24 weeks of age) dies as a result of someone else's negligence.
The claims included their claims
under the wrongful death statute as well as claims on behalf of all parties for negligent infliction of emotional distress.
Not exact matches
Judge Richard E. McCormick overruled Extendicare's objection, finding that Michael Pisano, as Vincent Pisano's son, was entitled
under statute to file a
wrongful death claim.
And while the collectibility of the $ 40 million judgment against Cerillo may be questioned (perhaps the family will never see ALL this money, though they will see some — hopefully), this case is a great example of how crime victims may seek justice through Florida civil law and damages
under Florida injury and
wrongful death statutes.
Under Georgia
wrongful death statute, the surviving spouse has the right to file a
wrongful death claim.
Under New York State laws, the
statute of limitations for personal injury is 3 years from the date of injury, while
wrongful death claims are within 2 years from the date of
death.
Under Florida
Statutes section 768.19, when someone's
death is caused by another party's
wrongful act, negligence, default, or contractual breach, the decedent's estate can sue in civil court for
wrongful death.
The complaint contained claims in negligence and negligence per se as well as claims
under the survival
statute and
wrongful death statute.
The following answers are based upon general U.S. law, I have not personally confirmed that they apply in Illinois in particular
under its adoption law, or each of its welfare benefits programs, or its
wrongful death statute.
For families needing to file suit on behalf of a loved one lost in an auto accident, Indiana has a
wrongful death statute they can recover
under.
Under the California
wrongful death statute, § 3.77.60 - 3.7762 of the Code of Civil Procedure,
wrongful death claims can be filed by the decedent's living spouse, domestic partner, or children dependent on the decedent.
Under California's
statute of limitations, a plaintiff must bring a cause of action for
wrongful death within two years of accrual.
But a case worth several million would require extremely compelling facts, multiple survivors
under Florida's
wrongful death statute, good evidence of strong relationships between the deceased and survivors, good evidence of the defendant's guilt, and plenty of insurance coverage.
Under section 41 -2-2 of the New Mexico
Statutes, you have three years from the date of the
death to file a
wrongful death lawsuit.
You may be able to recover compensation through a
wrongful death lawsuit
under New Mexico
Statutes section 41 -2-1.