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What Is The Statute Of Limitations On A Wrongful Death Lawsuit In Missouri?
How Many Years Before It Is Too Late To Bring A Wrongful Death Lawsuit? What Would Be My First Step In Pursuing A Wrongful Death Lawsuit Besides Hiring An Attorney? Would I Likely Have To Pay Or Could I Work On A Contingency Basis?
A cause of action for wrongful death accrues on the date of death and must be filed within three years of that date (2 years if claim arises from medical negligence).
It would be up to the attorney whether or not he or she would require a retainer or accept the case on contingency. I imagine the facts surrounding your case would have a significant bearing.
I Know Someone Who Recently Placed Her Baby Up For Adoption. Prior To The Adoption Going Through She Had To Place An Ad In The Paper...Something About Making Sure The Father Didn'T Want To Exercise His Rights? Here'S My Question, If The Mother Told The Father She Was Pregnant And Planning To Give It Up For Adoption Why Would She Need To Place An Ad In The Paper Making Sure He Didn'T Want To Exercise His Rights? Wouldn'T He Just Need To Sign Over His Rights At The Adoption Hearing?
The first answerer is right but I want to add that Notice by Publication is part of the Due Process that is required by the Court before Termination of Parental Rights can be granted. The Court wants to be sure that any interested party - specifically the father, is duly notified of the Court proceedings and is given fair opportunity to make a claim before the Court before judgement is granted as the final judgement is final and irreversable.
If Due Process is not observed there are grounds for the claimant to challenge the ruling. The Court is trying to protect everyone's best interests by covering all its bases.*
If the Court finds that the claimant/father has been served either in person or via Public Notice they assume that consent is given if the claimant/father does not appear and can grant a TPR without his signature or presence.
I hope this helps clarify a little!
* Note to whom it may concern: When I worked in Court it was required that Notice of Publication be done in the last known city of residence for the claimant/defendant. I know that in some cases of TPR (DSS cases and adoption cases), Notice of Publication was given in the cheapest paper or smallest circulation. Sometimes to save Court/DSS $ but on some occasions to meet the standards of Due Process but lessen the chance of the claimant coming forward (the assuption being the paper was so small they wouldn't see it). If you are a putative father who wants their child or other interested party in such a case I would strongly advise checking smaller publications regularly to avoid being caught in this loophole.
ETA: Yes, as it provides documented proof of dilligence -especially if the whereabouts are unknown at the time of the hearing or the father has been uninvolved in the entire process with the Court. The Court has no way of knowing what one party says to the other or if a person is lying all together about having said something to the other party outside of the Court or the presence of a Court Official. I doesn't mean they think your friend is a liar, they are just "covering their butts" by providing written proof that he was told of the Courts intentions concerning his child and showing he had the opportunity to say his piece if he had wanted to.
Question For A Criminal Law Lawyer!?
Ok So My Friend Was Convicted Of Credit Card Fraud About 3 Years Ago. He Was Sentenced To 6 Years In Prison. 3 Years In State And 3 Years In Federal. After About 3 Years They Set Him Free And Told Him He Was Done. He Has Been Out For A Year Now And Then They Suddenly Realized He Owes 3 More Years. Now They Are Telling Him To Come Back. Since It Is Their Mistake They Let Him Out Early...Is There Any Possible Way Of Him Not Having To Go Back In? Should He Fight It? Or Is It Better Just To Turn Himself In? Serious Answers Only!
A mistake does not negate the sentence, and he will be returned to prison. If he refuses to report, he can have additional time added to the sentence.
Are Most Weird Laws Actually Practiced?
Ok So I Was Doing Some Research On Laws And Some Of The One'S I Found Were Pretty Out There. For Example You Can'T Play Dominoes On A Sunday In Alabama Another One That Is Equally Weird Is; In Virgina It Is Illegal For A Woman To Drive A Car Up Main Street Unless Her Husband Is Walking In Front Of The Car Waving A Red Flag. Are Laws Like These Even Real And If So Do Police Really Care? I Don'T Want To Accidentally &Quot;Break A Law&Quot;
MANY of the 'weird laws' you see online are not still on the books.
MOST are presented online to appear weirder than they actually are.
VERY few are actually enforced.
An example of what I am talking about would be a local law against carrying food in you pocket being presented as banning carrying an ice cream cone in your back pocket on Sunday. Technically, such a law would ban the act described, but the actual law isn't anywhere near as weird as suggested.
Social Security Laws?
Im 17 And Im About To Turn 18 And Live With My Dad And We Dont Have What You Call A Good Relationship... Hes A ********(Sorry For The Language). My Mom Passed Away When I Was Thirteen And I Lived With My Aunt For 2 Years And I Moved With My Dad Then And She Had About 6000 Dollars From Ss And A Few Bonds But He Has Control Of My Ss Money Now... He Has Bought (3) Four Wheelers. One For Me Which He Sold After One Time I Went With Him To Ride And Has Did Multiple Thousand Dollar Projects To Our Mobile Home(Hes Cheap) He Works For A Construction Company Kinsley As A Dump Truck Driver It Is A Multi Million Dollar Company In York, Pa I Dont Know How Much He Makes But I Wanted To Know If He Spent It Or Moved It What Could I Do Cause There Should Be About 40 Grand In Money That Is Mine If Some One Could Answer This Question Quickly I Would Really Appreciate It
Social security survivor's benefits go to the parent for the care of the dependent and are not the property of the dependent. When you turn 18, in general, the money will stop. Short version, it was never your money to begin with.
As far as anything she owned, absent a will specifying otherwise, all of her property goes to the spouse when the estate is probated, so unless specifically noted there is nothing pending for you.
Wud Like To Have Legal Advice On Divorce?
I Have Been Married Just 3 Months Ago .My Marriage Has Not Connsumated And My Wife Is Not Willing To Participate In Conjugation.What Should I Do.
The question is are you happy with her? If you're not, then divorce her and meet someone else. Remember marriage is about compromise and if she's not willing to compromise then she's not for you.