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Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law, Insurance Defense and Wrongful Death for California on
Q: Is there a way I can sue my cousin for possibly causing a money fraud with my fathers death?

My cousin quickly took it in his hands to find the funeral services for my father when he passed. Claimed to pay for all expenses. But he told the mortuary that my father had no children and had an uncle sign papers. I found this out myself and changed the papers. He then insulted my mom and I, and... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 1, 2023

you can always sue anyone for anything.......

the issues are will you win and can you find a lawyer that will gamble with you rather than asking for a retainer for hourly representation?

check his phone book/contacts for lawyers to try to find the one that prepared the will....
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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Washington on
Q: personal injury WA state

so, there's a personal injury case, which just has been dismissed without prejudice and the statute timing is running out in WA state, here are the questions:

Can I as a lawyer file a new same personal injury case in same court and "start over" as long as I'm within time... Read more »

Steve Dashiak
Steve Dashiak
answered on Jan 29, 2023

If it's dismissed withOUT prejudice, you can re-file at any point before the SOL runs.

The answer to the fees and costs question is between you, the new law firm, and the client. You're generally entitled to be reimbursed for costs, but asserting a lien for your fee in a case...
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3 Answers | Asked in Wrongful Death for California on
Q: How long once my demand for civil monetary settlement is agreed to by the defendent and accepted do I have to confirm it

Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?

Dale S. Gribow
Dale S. Gribow
answered on Jan 24, 2023

More info is needed.

it is a question your lawyer could address.

when I make a settlement, I often say, "my client will accept the offer, if he receives the money in the next 10 days".

otherwise, insurance co's continue to stall and delay at every opportunity....
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1 Answer | Asked in Probate and Wrongful Death for Colorado on
Q: Do I have any rights here? Is he my husband?

Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 24, 2023

First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.

This is a really...
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1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... Read more »

1 Answer | Asked in Family Law, Nursing Home Abuse and Wrongful Death for Florida on
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away

The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 20, 2023

If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.... Read more »

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Georgia on
Q: What happens to my recently deceased husbands part of an inheritance left to him in his moms will when she passes away?

My husband recently passed.His mom is now about to pass away.We’ve a minor child together& I have a minor daughter he raised. Ive 2 living adult stepkids both with children & 1 deceased stepchild who left behind 3 kids ( all minors) & a widow. My husband & I were married over 10... Read more »

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.

2 Answers | Asked in Wrongful Death for Texas on
Q: OFF MURDER______________________ DT 020516 TYP/CL F 1 GOC/CAT _ _ CODE MR000000 COMT __________ SID NUM ________ OF AMT

What Does This Mean

John Michael Frick
John Michael Frick
answered on Jan 14, 2023

Someone is charged with the offense of murder on May 5, 2016, a first degree felony.

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1 Answer | Asked in Wrongful Death for Virginia on
Q: My mom was a cancer survivor and was seeing her oncologist every 6 months to be sure no cancer returned. In 2018 they

Found a spot on her liver, but ignored it and told her don’t worry. Fast forward to April 2021 she was in pain and made an apt. They made her wait till late July to come in, when she did, they ran tests and she was diagnosed with stage 5 terminal cancer that had already spread to her bones and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

It depends a lot on everything that happened between 2018 and 2021, and whether the type of cancer she got was likely very curable in 2018 and 2019.

As a cancer survivor myself, I know that we hate those six-month and annual CT scans. But they are very important and universally...
Read more »

1 Answer | Asked in Wrongful Death for Massachusetts on
Q: My father was killed as a passenger in an auto accident I would like to get a lawyer to sue the driver?
Michael O. Smith
Michael O. Smith
answered on Jan 11, 2023

I strongly suggest you speak with an experienced wrongful death lawyer in your area to see if you have a viable claim. First, an administration of your Father's estate will need to be set up and I am assuming you would be the appointed as the administrator. In order to bring a claim for... Read more »

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Libel & Slander and Wrongful Death for South Carolina on
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?

It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the... Read more »

2 Answers | Asked in Libel & Slander and Wrongful Death for California on
Q: How do I make a chopshop pay for stealing and chopping up my car

I have knowledge of the owner and all the workers involved.im tired of these losers I want my car back n they must pay

William John Light
William John Light
answered on Jan 4, 2023

Call the police. Sounds like you've been the victim of a crime.

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2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »

Michael Richard Moebes
Michael Richard Moebes
answered on Jan 1, 2023

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

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1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: On December 22nd 2022 my dog was hit and killed by an Amazon driver on my property,Amazon left and never said anything.

Amazon driver dropped off a package roughly in between 1:30 and 2:30 p.m. and upon leaving struck my dog with the vehicle. And left my property without saying anything or contacting amazon. When I came back to my property minutes later my neighbor informed me that Amazon delivered a package and I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 28, 2022

Sorry to hear about the loss of your pet. I have a dog, too, and can imagine your pain. If the death was accidentally caused (that, is caused by ordinary negligence), you likely have four years from the accident date to take legal action to recover (A) the fair market value of your dog at the age... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: I have C.O.P.D. (a lung disease that i take 4 breathing treatments everyday for at least I'm suppose too). I am 6' 4"

330 lbs. and Police Officers treat me "excessively cautiously". I'm worried that with the C.O.P.D. and a severe heart condition etc. I'm worried I could possibly die from mace and/or a taser. Do I carry a couple Doctors notes... Pfff! I don't know what to do. Thanks Either Way

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 20, 2022

My first question is why are you coming in contact with the police. Yes. Carry your medical records with you.

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Illinois on
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?

My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... Read more »

Charles Candiano
Charles Candiano
answered on Dec 16, 2022

On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Elder Law, Wrongful Death and Probate for California on
Q: My mother was killed premeditatively by her Temporary Conservator, A California Licensed Private Fiduciary and my sister

This just happened on Thanksgiving Day and I need urgent help. They are Anxiously trying to cremate my mother's body and are awaiting a death certificate from Placer County to proceed, even without a Funeral Service!!!

There are so many red flags in this case, and this all developed... Read more »

William John Light
William John Light
answered on Dec 8, 2022

Attorneys do not bring people to justice for murder, unless they are district attorneys. You need to bring your concerns to the police or sheriff's department in the jurisdiction where the suspicious conduct occurred. A proper investigation can be done, if warranted.

In addition,...
Read more »

1 Answer | Asked in Wrongful Death for California on
Q: Should cornerhave madeapolice report ruled itaccidentaldeath when doctors knew shecould not make it out surgery no appro

Hospital never contacted me for the approval of my mother's surgery they took her in without notifying

Dale S. Gribow
Dale S. Gribow
answered on Dec 7, 2022

A LAWYER WOULD HAVE TO KNOW ALL THE FACTS TO ANSWER THIS QUESTION.

DID YOU HAVE A POWER OF ATTORNEY THAT WAS SHARED WITH ALL?

2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... Read more »

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1 Answer | Asked in Car Accidents, Employment Law, Personal Injury and Wrongful Death for Virginia on
Q: Does the potential for a wrongful death suit exist?

A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful... Read more »

Jan F Hoen
Jan F Hoen
answered on Dec 5, 2022

More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have... Read more »

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