Highland, CA asked in Wrongful Death and Elder Law for California

Q: Can I bring a lawsuit against family member I feel adided in my fathers death instead of helping

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Sorry for your loss. This is really not a "Family law" issue or "criminal law" issue unless your family member was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you may be entitled to the medical records regarding his death, for a fee, and to hire an MD to review them to see if there is any indication of Elder Abuse or denial of proper health care which could lead to a claim. IMO the facts that you describe will be difficult to prove (as the Plaintiff you have the burden of proof on everything) and there is the matter of collecting should you prevail on your claims, against your SS. A death of a patriarch like this often makes people act in ways that are contrary to their normal habits and to alienate members of a family. People can be this way due to the pain that they feel and a mistaken belief that they can relieve the pain if they can find someone to blame for the death. You could consult with an Elder Abuse Attorney in your area, or a Personal Injury attorney, or even a medical malpractice attorney.

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Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info please

sorry for your loss.

you can always sue anyone for anything. The issue as I see it, will you win and equally important...

are you going to be able to find a lawyer that will take the case on a contingency or will you have to pay a

lawyer hourly....i suspect the latter.

unless you have evidence of some wrong doing on the part of a relative you may have a hard time bringing

an eleder abuse or wrongful death action.

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