Fair Play Facts

Our Story...

Fair Play Facts (FPF) has been created because of my long torment in trying to dissect what the process, legal terms and protocol was, after my husband Frank was killed by a drunk driver in Florida and Prosecutor’s failure to contact next of kin regarding any due process in his killing!

The lack of process in our Justice System and those very people we vote into office and expect a standard of care from, especially after a loss of life, does not exist or if it does, I did not experience it. In my journey to get Justice for Frank (i.e. finding missing witnesses and transcriptions) or simply a charge for a .254 drunk driver that used the sidewalk for his road yet was given a traffic ticket!! I realized this broken system probably affects many families who through circumstance have no knowledge of their options and what to expect.

My goal is to create a simple space, to guide families through what to expect after a homicide. Terminology and what Prosecutors must do to ensure “due process” (Standard Protocol). Also, to bring awareness to this one-sided system, FPF through media and marketing will educate the public on my focus and determination in the process of Justice. To hold those who have been given the duty of due process, responsible for their actions or lack of and those who violate the law.

These are facts… as I see them - Deborah McGuire

Your Rights

Wrongful Death/Civil

In the beginning this was my biggest confusion. What is Wrongful Death, who is responsible for Wrongful Death? What is the difference between Criminal and Wrongful Death/Civil? This is what I learned.

What is Wrongful Death?

A wrongful death action is an action taken by Family or Executor of the Estate (see Estate/Probate) against the perpetrator (defendant).

Can a Wrongful Death suit can be established from any personal injury case?

YES and you do not need criminal resolve to file, yet certain criteria needs to be proven to hold perpetrator responsible.

What is needed to hold the perpetrator responsible?

1) Lack of duty (care) to victim. Which means you need to show there was a lack of "sensible" care that could predict harm to others.

2) This breach of care was a direct cause of death.

3) The death caused the Plaintiff (the one filing suit) damages such as loss of income to a wife if her husband was killed, pain and suffering.

Who is responsible for a wrongful death?

Of course, the perpetrator, but there are variables in this. Firstoff, does the perpetrator have insurance or own a business/home?

Yes, they have insurance and assets, so now I sue the insurance company?

Their insurance company is only responsible for the bodily injury policy limits. The perpetrator would then be sued personally in a wrongful death action.

They have no insurance and own nothing! What are my other options?

No net worth, no wrongful death action unless you want to attack wages and future income. If this is the case,a wrongful death attorney will charge you to process the action.

Click Here for Attorney Referral

What if the perpetrator kills someone while driving a vehicle owned and insured by another?

In this case both are responsible for Wrongful Death if the perpetrator is named on the insurance policy. If the vehicle was stolen, then it is a different scenario.

If you are not sure who is insured or who the insurance company is, you can get a copy of the accident report and it should be noted.

What is the difference between wrongful death and criminal?

Wrongful Death is an action taken by the family and or Executor of an Estate (see Estate/Probate).

Criminal is the process the Prosecutor or State Attorney’s office should be taking to ensure charges are processed on the perpetrator (see standard protocol).

Estate

An Estate is the net worth of a person (assets and entitlements), which includes any insurances or wrongful death/civil claims after death. An Estate Attorney is necessary when there is no Will.

Each State has individual laws. Determining factor: residency at time of Death, which could determine which state the Estate Attorney would be acquired.

For Example: Your son, killed in New York, lived in California, single, no children, no will. California law may be that Estate proceeds be divided equally between next of kin (parents, siblings). New York law may be that it’s divided to Parents only. It’s suggested to contact a California Estate Attorney.

PROBATE

Probate is a process. A process that validates a will. Probate verifies and administers the wishes of the deceased. If an Executor is named, Probate is the process which allows the individual named the Authority to pay debts, oversee distribution of will.

Standard Protocol

This is the most important piece of the puzzle that I found missing completely after my husband was killed. State Attorney’s (SA), Assistant State Attorney’s (ASA) and District Attorney’s (DA), all known as Prosecutors and those we vote into office, have a standard of duty they must follow when a loved one is killed or injured.

Failure from any elected official to follow through is a violation of most State Constitutional Rights. Elected officials are protected by Law from lawsuits for their actions or there lack of! Which in my opinion, leaves them wide open to corruption and too much control.