Q: My mom was robbed, had serious injury. In hospital over 1 month, and took out to Nursing home but died in N.Home. Help m
My mother was robbed, 8/2020, had had serious injury on the head and was taken to Hospital. She got better day by day, and 9/18/2020 she was moved out to Nursing Home in the afternoon. But around 2am in the next day(just only 8 hours) someone in Nursing Home call my Uncle to tell that my mom had passed away.
I want to help on those 2 case.
A: You can focus on finding a civil attorney for the wrongful death / personal injury case. Just let the county District Attorney's office know that your mother passed away. That office will handle the Robbery case. You don't need a private attorney to prosecute the criminal case.
A: I'm sorry for your loss. With respect to the aggravated robbery case, that criminal case "died" when your mother passed away. The robber can no longer be prosecuted strictly for the aggravated robbery. I'm not clear exactly what you're saying about the "serious injury on the head". The way that sentence reads it looks like you're saying that she already had a head injury at the time she was robbed. However, if you're saying that she got a serious head injury during the robbery, that's a whole different matter. Head injuries, especially blunt force injuries, can result in swelling inside the skull which can cause death. Also, getting hit hard on the head can produce bleeding and blood clots which, if they break loose, can travel into the lungs or the brain and produce a loss of blood flow to the heart or the brain, resulting often in death.
You'll need an autopsy to determine cause of death. If death was caused by an injury to her head which happened during the robbery, the "dead" aggravated robbery case can be reborn as a capital murder case. I wouldn't be quick to accuse the nursing home, hospital or doctors for her death. You need to see the autopsy findings before even thinking about a wrongful death civil suit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.