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Wrongful Death Questions & Answers
2 Answers | Asked in Personal Injury, Health Care Law and Wrongful Death for California on
Q: My husband was missing I filed missing person's report the police found him. His brother took him off life support

Put a missing persons report out on my husband the police officer that called me back told me where he was I finally was able to get to call the hospital where he was at I found out his brother removed him off life support my husband and I have been in married for 11 years and I was not notified of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

more info is needed

anyone can sue at any time.

However, if the case is not strong enough a lawyer will not take it.

For instance:

What are your damages? did you seek the guidance of a professional after this happened? did the brother have a power of attorney? did...
Read more »

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1 Answer | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for Wyoming on
Q: If my brother died by suicide while on probation and in treatment, can we sue them for emotional damages?

They exacted a warrant illegally on my parents house, took kids with no cause, and convicted my mom and brother. Even though my brother admitted to all in the house, they still charged my mom n convicted her under coersion.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

This would be a tough case for a number of reasons dealing with proof, showing the cause was that and not an underlying issue. Suggest you contact the Wyoming Civil Liberties Union, ask for their prison rights group, ask them for the names of some of their "cooperating attorneys." Those... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I first have to ask why? Tx will allow me 5 yrs to charge a man with robbing my house. But a doctor can

Overpump me with inducing meds till I rupture killing baby and I. Leaving broken parts inside causing terrible pain and years of torture and irreparable damage to my health though I have no clue for years later cause I’m no doc…….. how come I can only do something for two years ?????

Leroy Scott
Leroy Scott answered on Sep 8, 2021

The two-year period starts from the day you knew or should have known (if you had looked into your symptoms to see what was wrong) that the doctor had left something inside you, not from the date that the doctor actually left the parts in you. In other words, it is 2 years after you discovered that... Read more »

1 Answer | Asked in Wrongful Death for Georgia on
Q: My mother was killed by cartersville medical center on June 15, 2018. They gave her to much potassium. How can I sue.

This is wrongful death, they caused her cardiac arrest.

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

You should seek out legal counsel and provide them with the medical records to review. This will be a Medical Malpractice case which requires showing the doctors/nurses breach the standard of care and caused injury to the patient as a result of that breach. If the attorney believes there was a... Read more »

2 Answers | Asked in Wrongful Death and Family Law for Oklahoma on
Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

You will need to hire an attorney to investigate all these issues. Hospitals are usually very stringent on the POA because a general POA normally does not include medical issues. Consult with an attorney sooner than later.

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1 Answer | Asked in Personal Injury, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Utah on
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.

My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 22, 2021

A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful.... Read more »

1 Answer | Asked in Wrongful Death for Maryland on
Q: What evidence of authority does a parent have to present in order to file a wrongful death claim for child of 18?

Also, if the estate hasn't been opened, does it affect the statute of limitations?

Mark Oakley
Mark Oakley answered on Aug 7, 2021

There is no prerequisite evidence of authority required to file a wrongful death claim for the loss of your child. If your assertion of parentage is challenged, then the birth certificate of your child showing you as a parent would be the obvious proof to use in response, but other evidence too... Read more »

1 Answer | Asked in Wrongful Death for Colorado on
Q: Can a parent sue for damages in a wrongful death case to Colorado

Can a parent sue for damages in a wrongful death case in Colorado

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

The spouse has the exclusive right, and if no spouse the parents. Why not call a member of the Colorado Assn for Justice like Franklin Azar a call? They give free consultations. Feel free to use my name.

2 Answers | Asked in Wrongful Death for Maryland on
Q: Does the SOL get stayed until an estate is opened for a survival action?

In a survival action, does the SOL start to run when the estate is opened or when the death occurs? Does equitable tolling apply?

Mark Oakley
Mark Oakley answered on Aug 4, 2021

No, the SOL begins to run from date of accident or negligent act or omission that caused the injury leading to death, not from the date of death itself if the death occurred later. There are exceptions, usually under the "discovery" doctine, or where the decedent was under the age of 18... Read more »

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1 Answer | Asked in Wrongful Death for Maryland on
Q: Does a parent have to be appointed by a Court to bring wrongful death suit of intestate child? Or is it automatic?

If a child dies intestate, can the divorced parents independently file wrongful death claims on their own without an executor/personal representative/administrator? Or does one have to be appointed by the Court on behalf of the estate to file? Where do I find information about this?

Mark Oakley
Mark Oakley answered on Aug 4, 2021

No, but all persons within the class of persons who are entitled to bring the action must be joined in the same action, or they must elect to be excluded from it. For instance, each of the divorced parents of the deceased child cannot bring their own separate actions. There can only be one case... Read more »

1 Answer | Asked in Car Accidents, Federal Crimes and Wrongful Death for New York on
Q: Will i go to jail if i pass a crosswalk sign that told me to stop when the traffic light told the car to go?

I wanted to know if i would go to jail if the crosswalk sign said to stop and i passed but the traffic light told the car to go almost hitting me. I dont know if this makes any sense...

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

No one goes to jail for most traffic offenses (other than leaving the scene or reckless driving in some states).

If someone is in the crosswalk traffic has to stop. If no one is in it and traffic has a green light they may proceed.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

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1 Answer | Asked in Car Accidents, Traffic Tickets, Wrongful Death and Contracts for Virginia on
Q: My mom was killed in an accident in which the other driver got the failure to yield ticket his ins wants 2 settle for $

BUT he isn’t @ fault & we have to pay the medical bills

We don’t want that

Communication btwn lawyer & family is not working

What can we do

Jan F Hoen
Jan F Hoen answered on Jul 10, 2021

If you have an attorney already, it would be best to schedule an appointment to discuss your concerns in person with them.

If you do not have one yet, I would recommend retaining someone experienced with personal injury.

My firm’s website also has helpful tips on what to do...
Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: After death threats by a gang of inmates my son died in San Quentin. What can I do?

After death threats when Johnny got to San Quentin he was put in a dorm with 100 inmates. When he died he was wearing metal ankle restraints, defenseless. He had 100x the lethal dose of fentanyl in his system. All his property was missing. After the passing of SB 1437 Johnny had petitioned the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2021

Contact the California Civil Liberties Union Prison Rights Project. Ask for the names of some of their "cooperating attorneys." They may be able to assist you or not depending on the detailed facts.

1 Answer | Asked in Personal Injury, Products Liability and Wrongful Death for Michigan on
Q: Hi! My mom currently passed away from serious complications due to her hernia mesh, the exact make is not on recall.

Is there still a case? It was a Johnson and Johnson mesh she had put in her in 2012. She saw a Specialist in 2018 and he told her the quality of life she had now is the best it’s going to be and it couldn’t be removed. It had already broken down in her body by then and caused a fistula. Long... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2021

I'm very sorry for the loss of your mother. A Michigan attorney could advise best, but your post remains open for a week. You ask very good questions. Yes, there are product liability suits that do not necessarily involve recalls. And yes, you should try another lawyer. They may tell you the... Read more »

1 Answer | Asked in Wrongful Death for Texas on
Q: I do not want to died before of my time and any "Fire department worker" told me after to see me in the grave while .

After the Woman'Black try to kill me and the light green for walker how me it time next to at Shelter of Dallas Bridge 75201 and almost in front of department of Fire ; he told me: I was able to look fine and they never to put me any in my neck and it is to hard stilling now since 10/28/2020... Read more »

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

Sorry, your question is undecipherable. However, I can tell you that you do not have a claim for your own wrongful death, because you are still alive.

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Maryland on
Q: Can I sue the animal shelter if my dog became really sick after getting out?

My dog went out my door and went missing for a couple of hours. Later animal control got a hold of my dog. I took my dog out a week later since I couldn't pay for the fees at the time. I went to go get my dog this Tuesday and they told me that she hasn't eaten in those days. My dog was 5... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2021

You have to prove that the shelter had a duty to care for your dog, breached that duty of care in some way, and that breach of care directly resulted in your dog's death. You have articulated no facts to support how or what caused your dog's death. How do you know your dog did not eat... Read more »

2 Answers | Asked in Health Care Law and Wrongful Death for Louisiana on
Q: My sister was hospitalized and released from a hospital in 2018 and had to readmitted the next day and intubated .

When she was released she wasn't suctioned properly and Conti ued to be admitted and released . She asphyxiated on the trache in 2019. Can I sue for wrongful death?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 30, 2021

Get a consultation with a medical malpractice attorney. But they will want to see the medical records to evaluate the case.

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