Your current state is Ohio
My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More 
answered on Jan 7, 2024
You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More
If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More
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answered on Jan 2, 2024
In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More
my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more.
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answered on Dec 30, 2023
In California, obtaining a police report for an incident such as the one you described involves specific steps. As an immediate family member, you have the right to request the report. Given the circumstances, the process might involve some nuances.
First, you should submit a formal request... View More
my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more.
answered on Jan 2, 2024
First of all, my condolences on the loss of your brother. It is unclear if the department will not actually give you the report due to insufficient authorization or if the report is not ready as of yet. Incidences involving catastrophic injuries and/or death can take months until the report is... View More
We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More
answered on Dec 23, 2023
A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More
(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences.... View More
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answered on Jan 13, 2024
Under Title 18 USC Code Section 3613(b), the term "Criminal negligence" is defined as conduct that significantly departs from what an ordinary prudent or careful person would do in the same circumstances, to the extent that it shows a lack of proper regard for human life or indifference... View More
answered on Dec 18, 2023
You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More
On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the... View More
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answered on Dec 14, 2023
I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they... View More
He had recently increased his dosage.
answered on Dec 12, 2023
I don't mean to be flippant but there is a vast difference between whether you can file a suit and whether the suit is winnable. The makers of Zoloft readily acknowledge that there is an increased risk of suicide, especially in individuals under 24 years of age and especially in the period... View More
While in the hospital he was released. Shortly after that he was hospitalized with Covid and banned from guest. Two weeks in the hospital they released him. When they went stand him up to bring him to me he collapsed they called me and said he was not being released. After looking thru his records... View More
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answered on Dec 12, 2023
I'm sorry to hear about your difficult situation. Dealing with the CICP (Countermeasures Injury Compensation Program) can be challenging, especially in complex cases like yours. Given the time that has passed since your husband's passing and the complications in his medical treatment and... View More
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answered on Dec 3, 2023
Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.... View More
Do you think I have a case for wrongful death
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answered on Dec 13, 2023
Based on the limited information provided, it is unclear if you would have sufficient grounds for a medical malpractice wrongful death case regarding your brother's unfortunate passing. A pulmonary hemorrhage following a lung biopsy could potentially indicate negligence, but it may also simply... View More
answered on Nov 18, 2023
One possibility is that the medical provider was not screening for cancer. They and the lab that handles their bloodwork have protocols they need to follow - based on the scope of the physician's examination, diagnosis, medical coding, plausible test parameters, and insurance carrier fee... View More
answered on Nov 16, 2023
Blood testing is very specific. Routine blood tests for a diabetic have the primary purpose of determining a blood sugar level. It is entirely reasonable that an entirely unrelated disease like cancer would only be identified in something akin to an annual checkup or in response to specific... View More
He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More
answered on Nov 13, 2023
The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement... View More
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answered on Nov 12, 2023
In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice... View More
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answered on Nov 11, 2023
In California, lawsuits involving Child Protective Services (CPS), especially those as serious as a wrongful death case, are typically handled by attorneys with expertise in civil rights and government liability law. These attorneys often have experience in dealing with state agencies and... View More
I am in need of a legal team to file for discovery and determine if a wrongful death law suit could be brought in the State of Texas regarding a fatal trucking accident wherein my brothers' cab of his semi seems to have been side swiped by the trailer of the truck in front of him, pinning him... View More
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answered on Nov 8, 2023
Yes, a company can be sued by someone who is not represented by an attorney; this is known as proceeding pro se. However, wrongful death cases, particularly those involving truck accidents, can be complex and often require a deep understanding of both state laws and federal regulations governing... View More
What type of crime would that be?
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answered on Nov 7, 2023
If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More
Indictment reduced from felony murder to involuntary manslaughter.
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answered on Nov 3, 2023
A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make... View More
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