Author Archives: Lisa Cooper

Heavy Penalties For Tax Evasion Charges

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IRS audit statute of limitations, additional tax

Statute of limitations for unreported income

Forgot to add an extra income on your tax return? You may not be asked to pay up by the IRS immediately, but do not be surprised to see a mail from them intimating about penalties some eight or nine years later.

It is very important to add every income to your tax return as otherwise it might result in tax evasion charges from the IRS.

IRS audit statute of limitations

It is the time period allotted to the IRS within which the agency has to resolve any problems with a tax account. After this time period, the tax payer with whose account the agency has found discrepancies will not be liable to face any charges from the agency. Some exceptions do exist, such as, if the amount involved were to be higher than a certain amount, then the IRS can take a longer time period than the stipulated IRS audit statute of limitations.

Otherwise, the usual time period allotted for the IRS to come up with sufficient evidences to show that the person has been evading taxes is 10 years for collection and three years for assessment. It means that the IRS has got 3 years to assess the additional tax from the date of filing the tax return and 10 years to collect the tax owed by the person from the date of assessment.

Exceptions to the statute of limitations

As mentioned earlier in this article, this statute of limitations is also subjected to some exceptions, as different situations demand different set of rules. If the person accused of evading taxes is responsible for an understatement of more than 25 percent of the gross income given on the tax return, then the IRS has got six years to assess the additional tax owed by that person from the time the return was filed.

IRS audit statute of limitations, additional tax

IRS statute of limitations

Penalties and interest

Penalties and interest are calculated by the IRS if it finds discrepancies in the reported income. Unreported income will warrant the payment of penalties by the tax payer and the most common penalty awarded is one half of 1 percent for each month the tax is unpaid on the unreported income.

IRS might take some time, even years, in some cases to find out if there are any unreported incomes in the tax returns of a person. Therefore, even if you think you managed to escape from IRS, the relief might be short-lived.

Notes On Wrongful Death Lawsuits In Utah

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Wrongful death statute of limitations

Wrongful death statute of limitations explained

Wrongful death lawsuits are filed in a court of law when a negligent or wrongful act of the defendant results in the death of a person. The victim’s family then has the right to file a case against a business or organization, a government agency or a person, if they feel that the actions of these groups of people, or of a person, led to the death of the victim. In Utah, the law states that the person has the right to file a case in the event of a wrongful death. If you intend to file a wrongful death lawsuit, there are certain parameters that are to be met, and the case should be filed within a short period of time, as the wrongful death statute of limitations only allows claims to be filed within a certain limited time period.

Filing a wrongful death claim

It should be noted that only the heirs of the deceased person, or any of his personal representatives are allowed to file a wrongful death claim in a court of law. If anyone heir of the deceased person files a wrongful death claim, that claim is considered as representative of all the other heirs.

Time period of filing the claim

As mentioned earlier, the wrongful death statute of limitations permits the filing of the wrongful death claim within a certain time period only. Generally, this time period is 2 years; however, exceptions are made if the heir of the deceased person has not yet reached the age of 18 years at the time of death, or if more information on the death of the person surfaces at a later date.

Employee protection

third-party claim

statute of limitations of wrongful death

The Workmen’s Compensation Act allows the heir of the deceased person, who has been an employee of a company, but was killed by the negligence on the part of a third party, the third party being a person who has no connection to the employer, to claim compensation. Attorney’s fees and other costs are deducted from the compensation received, and if the money is availed through a third-party claim, it must be awarded according to the laws in Utah.

It should be noted that filing wrongful death lawsuits within two years is a must if there are sufficient grounds to believe that the death occurred due to the negligence on the part of any other person. These laws guarantee that the negligent actions of a person are sufficiently punished.

Statute Governing Wrongful Death Claims In Georgia

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Wrongful death statute of limitations

Limitations of wrongful death

Wrongful Death means the death caused due intentional, negligent or reckless act of another person or party. There is a provision for the relatives or family members of the decedent to file a wrongful death claim against the person responsible. In Georgia, the wrongful death claim can be filed by the spouse, children or parents, or even the administrator of the decedent’s estate. The wrongful death statute of limitations in effect in the state of Georgia, is discussed below.

Wrongful Death Claim in Georgia

In Georgia, once the wrongful death occurs, it is essential to consult an attorney before filing for a claim. The statute of limitations dictates the time within which you can file, and win a settlement.

Wrongful Death Statute of Limitations in Georgia

  • The statute of limitations in Georgia dictates that you must file the wrongful death claim within two years of the death of the decedent. If you fail to do so within this timeframe, you will become ineligible to avail the benefits which you could otherwise have gotten, including any settlements.
  • If the wrongful death of your loved one is caused due to the negligent or careless act of another person or party, it is important for you to contact a Peachtree City wrongful death attorney immediately. Those attorneys, familiar with the wrongful death law and Georgia’s statute of limitations, can certainly help you in availing the maximum benefits in the case of wrongful death action.
  •  There are some incidences of extensions in the statute of limitations. For example, it mayheretofore have been believed that the wrongful death of your dear one was caused due to an accident three years ago, but now it is found that it was a murder. In this case, your statute of limitations starts on the very day the truth is discovered, and not from the date of the death.

    Wrongful death attorney

                       Wrongful death statute

  • In some cases, the parameters outlined in the   statute of limitations can be more confusing. For example, let’s consider a case of personal injury, where your dear one was injured in an accident while working in a poorly constructed department store. If he died several years later because of injuries sustained while at work, you cannot sue the department store if the original accident took place two years or more ago.

This is all about statute of limitations affecting wrongful death claims. For further information on the statute in Georgia, or on that effective in other states, refer to legal resources websites.

Probate Rights Of The Heirs Of A Wrongful Death Victim

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Damages

                           Uniform Probate Code

In the instance of a wrongful death, the interpretation of the wills and distribution of the deceased’s estates is done under the supervision of a probate court. Irrespective of whether the decedent died with a will or without, the probate oversees the distribution of the estates. Failure to understand the Uniform Probate Code and the extent to which your state has adopted this code and other state specific probate laws, can cause a delay in the distribution of assets and can also lead to the accumulation of additional fees.

Entitlements to estate:

The family members, and extended relatives of the deceased who have incurred losses as a result of the death, are entitled to receive damages. The court will appoint a personal representative if the will does not specify one. All heirs and relatives will be notified of the probate hearing by the court. Before commencing the entrusted duties, the personal representative is required to provide consent and an oath, and in some states, may also be required to retain a bond as security.

Civil and Criminal Prosecution:

The Uniform Probate Code states that probate courts are part of the civil law system, and they have the authority to deny compensation to a person(s) if they were responsible for the ‘felonious and intentional’ death of the victim. Civil action by the probate court could deem an individual guilty, even if the said individual(s) has been proven innocent in a criminal action. In order to obtain a civil determination, interested individuals must petition the probate court.

Limitations on creditors:

According to the Uniform Probate Code, the claims of surviving spouse and minor children over certain assets, have precedence over those of creditors. Creditors’ claims have a lower priority as

compared to homestead shares, and allowances for support of the spouse, or a minor child. Generally, creditors can pursue their claims following a fixed time period after public notice.

Wrongful death statute of limitations

Probate rights of the surviving                         family

Wrongful death statute of limitations:

The statute of limitations for beginning wrongful death claims is different for different states, and in most cases, is usually around 2 to 3 years from the date of death. There can also be another additional limitation based on the amount of time that has passed after the occurrence of the incident first came to light. For instance, in Minnesota, the wrongful death statute of limitations for filing a lawsuit is within six years after the incident.

These are some aspects of the wrongful death probate rights of a decedent’s heir.

Statute Of Limitations Lawsuit In New York

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Wrongful death statute of limitations

Wrongful death statute of limitations in New York

Family members can file for a wrongful death action lawsuit if they believe that the death of an immediate surviving family member was caused either intentionally or negligently. The lawsuit is filed within a specific period of time by the family members and this lawsuit is termed as wrongful death statute of limitations.

Period of time

The law specifies that the wrongful death action lawsuit must be filed no later than two years from the date of the decedent’s death, which means that the statute of limitation for a wrongful death claim is two years, in the State of New York.

Wrongful death statute of limitations

It must be noted that the statute of limitation is an affirmative defense, which means that the defendant must be able to assert the defense in his or her answer to the complaint of the plaintiff. In the first responsive pleading of the defendant, if the statute of limitation defense is not waived, then it will be deemed as waived by the court and the defendant will not be allowed to assert the defense after that.

Dismissing the case

wrongful death actions

New York wrongful death statute of limitations

A judge has the authority to dismiss the case filed by the plaintiff if the defendant can back up his claim that the plaintiff did not file a wrongful death action within the two-year statute of limitation. The two year limit thus can play a crucial role in many of the cases as, if the defendant is able to prove that the action for wrongful death filed by the plaintiff was not inside the two year time period after the death of the decedent. Then the case will hold no weight in the court and has every chance to be duly dismissed.

Certain exceptions

There are certain exceptions to the rules of the wrongful death action too, as there are in the case of most of the other legal rules. In the case of wrongful death action, the statute of limitation does not begin to accrue until a later date in the certain scenarios. An example for such an exception can occur in cases where the death-producing agent is not immediately discoverable, such as poisoned drugs administered to the patient in which it is likely that the plaintiff will become aware of the use of contaminated pharmaceuticals during the course of the treatment of the decedent.

These are some information regarding the wrongful death actions filed in the state of New York.

Illinois Statute Of Limitations For Death

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Wrongful Death Statute Of Limitations, wrongful death claims

wrongful death statute of limitations

If a person is killed due to the wrongful action of another person or that the negligence of the defendant was directly responsible for the death of the victim, then the defendant is liable for the death governed by the wrongful death statute of limitations of the state in question. In the Illinois State, the governing limitation laws behind wrongful death claims have been in force from early 1860s that set forth the time limit within which such claims can be brought to court for suing.

Statute of Limitations in Illinois

While laws between states vary on the statutory period of limitation, any statute of limitation comprises a period within which the plaintiff can sue in the court of law for a lawful claim which is no different in cases involving wrongful deaths. It is for the law to oversee that no claim is allowed beyond the limitation period and such claims can be rejected either by the court or on motion by the defendant.

In Illinois State, the period of limitation for filing wrongful death claims as civil law suit is two years from the calendar date of the death of the victim or the accrual of death of the victim. The proceedings are normally initiated by the heirs or beneficiaries of the victim.

Wrongful Death Statute Of Limitations, wrongful death claims

Illinois, exceptions to wrongful death statute of limitations

While law of limitation aims at deterring unlawful claims or claims arising after evidences is declared non-existent, the law is not devoid of exceptions either. The statute allows relaxation considering health situations, whereby allowing filing within two years from the date of discovery of injury which may not be same as the date of incidence of harm, the capping here in Illinois being four years from the date of injury. If the claimant is a minor, the relaxation goes up to 8 years for filing civil lawsuit for wrongful death which however cannot be beyond his 22nd birthday for all instances and purposes.

Wrongful death statute of limitations in Illinois for wrongful death like any other state is based on the common law legal system. The scope of the law lies in allowing the civil dispute or criminal charge being executed in a timely manner but exceptions to the law enlarge the scope the law to accommodate lost opportunity which would otherwise be denied to someone in need of legal help and assistance.

Wrongful Death Laws And Amount Of Damages In Kansas

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Wrongful death statute of limitations

Appointing a wrongful death lawyer

Having to lose someone in your life is really painful. The grief can haunt for years to come. The case will be much worse if the death was due to some kind of wrongful actions or someone else’s negligence. Besides losing your dear one, you might also have suffered other damages due to his or her loss. So who is to be responsible for this and is there any way that you can get some alleviation for the pain and damage you suffered from this? If this happens to be in Kansas, you may consider filing a wrongful death lawsuit. The wrongful death lawyer can help you get justice and recover damages quickly.

Usually the wrongful death lawsuits are filed by the deceased person’s spouse, child, parent or some other relative. In U.S. different states have separate laws for considering punitive damages. Each state’s statutes take into account several things while considering cases of wrongful death.

Kansas wrongful death statute of limitations

  • Medical negligence or mistakes
  • Road and airplane accidents
  • Criminal attacks
  • Dangerous working conditions and harmful exposure
  • Death under a supervised activity

Depending upon the pecuniary injury, the court will decide how much will be your amount of damages. Pecuniary injury means the loss the family or the plaintiff (who files the lawsuit) had suffered in terms of support, services, medical and funeral costs etc. If going for a wrongful death lawsuit, the case must be filed in court within two years of the date of death. If the time period exceeds 10 years, such a lawsuit won’t be considered in Kansas.

Amount of Damages for a wrongful death lawsuit

Punitive damages

Wrongful death claims

As mentioned earlier, the amount of damages is dependent on pecuniary injuries suffered by the deceased person’s family. The maximum amount dispensed on account of damages cannot exceed $250,000. After considering the case in detail, the Kansas court will declare the final amount of damages. The jury will not be informed about the pecuniary damages limit. If the judgment exceeds the permissible limit, the plaintiff will be eligible to get the maximum amount of $250,000. Depending on the situation, damages can include interest from the date the family member died.

The courts of the state may proceed with other penalties if it deems that the act was too blatant and that the person had ignored all procedures set on stone to cause this unfortunate incident. Out of court settlements too have now become popular thereby avoiding the long legal procedures. But this has to be done before the Wrongful death statute of limitations expires as then, the accused may not have any reason to compensate the family.

The Statute Of Limitations For Filing A Wrongful Death Claim

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wrongful death statute of limitations

suing for wrongful death

A wrongful death is any instance where a person loses his life due to the willful or negligent actions of another. A wrongful death claim is filed against the individual who is responsible for the death of a person. The case must be filed by any surviving relatives or heirs of the deceased, or beneficiaries as the case may be. They must be able to prove that the actions of the defendant at the time of their loved one’s death, was clearly negligent or reckless. If they are, they can receive monetary compensation from the defendant.

Like any other legal case, a wrongful death case is also bound by a statute of limitations, where a time limit is placed within which the charges must be brought before a court of law. This is aimed at making sure that the legal process stays in flow, and that the evidence is not fabricated or reduces in credibility. This statute is however different in different states. Some of the key differences would be the time period provided as well as the starting and ending point of the “limitations”

The wrongful death statute of limitations begins at either the time of the death, or at the time of discovery of death, or the time when it was determined that the death was wrongful. The applicable criteria for the statute vary from state to state, because there is no federal statute for wrongful death claims.

wrongful death lawyer

alleging wrongful death

There are cases where the decedent may have developed or discovered he had developed an injury from an accident that had taken place sometime earlier. This injury may develop and over time may result his death, in which case the wrongful death statute of limitations begins at the time of discovery of the injury. This means that the plaintiff can file a claim for wrongful death, any day from the day of discovery of the injury till the end of statute-dictated time.

It’s best to have an attorney by your side when filing for such a claim. A wrongful death lawyer can be helpful in assisting one through the ordeal of recovering damages while still mourning for the lost member of the family. Moreover to prove such claims takes real skill, one that is developed with years of experience in the field of law.

This is some information on the statute of limitations for wrongful death claims. Further information on the topic can be availed from online legal resource websites.

The Statute Of Limitations Governing Wrongful Death Lawsuits In Kentucky

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wrongful death statute of limitations

availing recompense for a wrongful death

Wrongful death is defined legally as the death of a person, which results from the negligent or willful action of another person. Lawsuits can be filed against the party responsible, by the heirs of the decedent, or other beneficiaries. Statute governs this area of law, and the wrongful death statute of limitations draws a line marking the limits to which one can make such claims.

What is the statute of limitations for wrongful death in Kentucky?

A statute of limitations states the amount of time that can pass after the event in question, during which the plaintiff can file a claim. The wrongful death statute of limitations varies with each state. Sometimes the statute may even vary depending on the length of time, and the circumstances surrounding the death. For the ones at loss, to gain any recompense, they must proceed with litigation before the time limit given by the statute expires. Otherwise, the case may never be brought to trial again.

 The time framed dictated by the statute in Kentucky

If the claim is not related to property damage, as in the case of wrongful death, the statute in the state of Kentucky dictates that charges must be brought to bear within a year of the date of discovery.

If the action was separate from the death

The time for filing a wrongful death lawsuit begins with the time of the death, as determined by the Supreme Court. The misconduct that resulted in the said death can be addressed separately, starting from the date of the malpractice.

What happens if you don’t file a claim within the stipulated time?

wrongful death in Kentucky

statute of limitations for wrongful deaths

All courts in Kentucky, from the state court to the court of appeals and the Supreme Court, have called for strict adherence to the statute of limitations. If the plaintiff fails to bring the claim before a court within the stipulated time from the death in question, the appeal will be dismissed summarily. This is why, even though the heirs or descendants of the decedent may be suffering due to the loss of their loved ones, litigation must be begun within a year after the death.

This is some information on the statute governing wrongful death settlements in the state of Kentucky. As mentioned earlier, this law differs from state to state. Further information can be availed from online legal websites.

Limitations For Wrongful Death Lawsuits

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Wrongful death statute of limitations, wrongful death lawsuits

Statute of limitations for filing a case

As per the law of the state, wrongful death lawsuits can only be filed by someone who is related to the victim in some way or the other. A lawsuit with wrongful death charges comes in to consideration only when the death of a person is caused by the willful negligence or by another person. The limitations have been put in place to avoid entertaining cases that could have been filed to malign a person’s name and the evidence of which may have been fabricated.

Wrongful death statute of limitations

  • In most cases the statute of limitations specifies a period of 2 years, starting from the date of death of the victim (as per police records). However, this doesn’t include cases of professional negligence from the part of medical practitioners. There are also special laws in case of determining the final statute of limitations for wrongful death cases. This makes the assistance of a legal practitioner extremely essential.
  • Another factor that affects the wrongful death statute of limitations is the discovery rule that may apply to such cases. There are cases wherein the limitations come in to effect immediately after the event that lead to the death of victim occurs. There are also cases where the limitations starts from the time where the plaintiff or the applicant discovers a link between the victim’s death and the accused as well as the action that lead to the death of the victim.
  • If the plaintiff happens to discover a link between the victim’s death and the defendant’s action with reasonable credibility only after a period of time, the statute of limitation would run from the time from which the plaintiff should have actually found out the said evidence.
  • The rules in some states is such that the statute of limitation would actually begin from the time of victim’s death, unless it prevents the applicant from bringing up the claim even before the evidence could have been discovered.

    Wrongful death statute of limitations, wrongful death lawsuits

    credible evidence of wrongful death

  • There might also be cases, where the statute of limitation may begin right from the time when the victim might have discovered about the injury or illness which the accused may have caused which eventually resulted in his death.

From all these cases, one can clearly understand the need for a legal expert in filing lawsuits with charges of wrongful deaths. Such lawsuits require long and complex legal battles which can only be fought in the court with the assistance of an experienced attorney.