Your current state is Virginia
So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should... Read more »
answered on May 27, 2023
There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to "one side of the family." There are different ways to approach the situation. The circumstances would dictate the appropriate approach.... Read more »
They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... Read more »
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answered on May 23, 2023
I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... Read more »
Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... Read more »
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answered on May 22, 2023
When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... Read more »
My BIL's aunt passed yesterday at a hospital in GA. She had told the doctor's and nurses there that she had a pacemaker when they wanted her to have an MRI--she told them several times that she did not want an MRI b/c of this, however, they moved forward with the testing and she... Read more »
answered on May 11, 2023
Your aunt's husband or, if she wasn't married, surviving children, should contact a medical malpractice attorney in Georgia as soon as possible to investigate this matter. An MRI is usually contraindicated with someone with a pacemaker or other metal objects.
We are currently... Read more »
the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son.
answered on Apr 20, 2023
Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney... Read more »
The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.
Thank you,
Claudia
answered on Mar 27, 2023
So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... Read more »
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... Read more »
answered on Mar 22, 2023
It is surprising there was no Personal Rep appointment in order to proceed with the case. There is a requirement to notice the Estate Recovery Unit of a Probate Petition as there is an automatic lien for Masshealth/Medicaid benefits. Also, the size of the Estate-whether over or under $1,000,000 for... Read more »
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... Read more »
answered on Mar 22, 2023
Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive)... Read more »
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
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answered on Mar 17, 2023
I'm sorry for your loss and the circumstances surrounding it. If you believe that the in-home hospice agency failed to provide appropriate care and caused harm to your mother, you may be able to take legal action against them.
One possible course of action is to file a medical... Read more »
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
answered on Mar 17, 2023
You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline
You can speak to an attorney who is familiar with medical malpractice and Elder... Read more »
Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will
answered on Mar 16, 2023
I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.
In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... Read more »
A wrongful death lawsuit has been filed is his dad entitled to half the payout in the lawsuit?
answered on Mar 14, 2023
Sorry to hear that. Being in prison should not disqualify the father from receiving his fair share, assuming his parental rights have not been terminated, but his fair share is not automatically half. His relationship to his late son is one of the factors to be evaluated.
I'm... Read more »
Bayer has been fined and sanctioned by the Justice Dept. and other government agencies any number of times, including recent ones regarding various products they produce and which have caused harm.
answered on Mar 7, 2023
Bayer makes a lot of different products from pharmaceuticals to seeds.
I would think to establish a pattern relevant to a particular suit the fines would need to involve the same product and the same or similar behavior as in your pending lawsuit.
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... Read more »
answered on Mar 4, 2023
Typically, if the child is an adult, the adult child himself/herself should have appeared as a plaintiff.
Typically, the biggest damages awarded in a wrongful death case are loss of consortium and loss of inheritance.
Loss of consortium is another way of saying the companionship and... Read more »
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... Read more »
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answered on Mar 4, 2023
In California, a wrongful death lawsuit can be filed by the surviving spouse, children, or other designated heirs of the deceased. If the deceased had multiple children, it is generally the responsibility of the plaintiff (the person filing the lawsuit) to identify and include all eligible heirs in... Read more »
My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... Read more »
answered on Feb 28, 2023
It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Consult with experienced attorneys. Use Justia search to find an attorney.... Read more »
This occurred in ARKANSAS. The only information the commission had was a description of my experience, supported by transcripts of the hearings and information I provided regarding an Independent Medical Evaluation which the judge approved for me to obtain at the second hearing. Do I have the... Read more »
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answered on Feb 20, 2023
As an individual, you generally have the right to free speech under the First Amendment of the United States Constitution, which applies to all states, including Arkansas. However, there may be certain limitations or exceptions to this right in certain situations.
If you filed a complaint... Read more »
My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power... Read more »
answered on Feb 13, 2023
Assuming no personal representative has been appointed for your father's estate, your mother is entitled under Indiana law to obtain the records. Below is the code cite/law that supports your mother's right to obtain the records. (Sometimes medical providers will require an affidavit or... Read more »
I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the... Read more »
answered on Feb 13, 2023
First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.
Second, with respect to your specific question the answer is that it depends. Everything should be documented in the... Read more »
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 »
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... Read more »
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