Ask a Question

Get free answers to your Wrongful Death legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Wrongful Death Questions & Answers
2 Answers | Asked in Sexual Harassment and Wrongful Death for California on
Q: Can I sue an FBI agent who made improper sexual advances and retaliated with a violent attack resulting in death?
William John Light
William John Light
answered on Nov 13, 2024

Yes, the victim or her heirs can sue, but the victim is apparently dead, and it is unclear who you are and what your relationship to the case is. Whether the US Government is liable for the action of the agent depends on a lot of facts which are not included in your post. If the agent was acting... View More

View More Answers

2 Answers | Asked in Wrongful Death for California on
Q: I am a widow here in Stockton California. My question is can you help me with a fight against the VA?

my husband passed due to a disease he got while in the military

Michael J. Mandelbrot
PREMIUM
Michael J. Mandelbrot pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2024

Hi. Please contact me at (415) 895-5175. I am familiar with V.A. claims as well as wrongful death claims. What disease are we talking about? I represent those with asbestos-related diseases. 70% of these individuals were exposed in the Military and have a VA claim, in addition to valuable Asbestos... View More

View More Answers

4 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: should i persue a civil case against emt for failure to bring in right equip and incorrect cpr performed??
Joel Gary Selik
Joel Gary Selik
answered on Oct 28, 2024

There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More

View More Answers

1 Answer | Asked in Wrongful Death for California on
Q: What does it mean when complaints regarding negligence are forwarded to their 3rd party investigators?

My loved one died because he did not receive specialized care in time and I am now filing complaints and claiming negligence against the doctors and hospitals. Can I sue without a lawyer?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

When a complaint about negligence is forwarded to third-party investigators, it means that an independent party is reviewing the situation to determine if any wrongdoing occurred. These investigators may gather evidence, interview witnesses, and analyze whether the medical professionals acted... View More

3 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for California on
Q: A pt was taken to ER to rule out a stroke due to speech changes. ED gave pt a blood thinner which caused them to have a

Brain hemorrhage and later died. MDs failed to collect pt history of lung cancer. Can this be a possible medical malpractice case?

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2024

I'm sorry for the loss of the patient. A law firm would need to review the records to answer your question meaningfully. The fast pace and high volume of emergency rooms are a consideration in assessing their decisions and actions in terms of med mal case review. Good luck

View More Answers

1 Answer | Asked in Personal Injury and Wrongful Death for California on
Q: The negligence caused death Can I sue on behalf of the deceased if I had POA and was the health representative?

My family member eventually died. 1 complaint against the nursing home was substantiated and I am waiting for the response about the other complaints. What should I do in the meantime?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024

You may be able to file a lawsuit on behalf of the deceased if you were granted Power of Attorney (POA) before their death, but POA typically ends upon the death of the individual. However, if you were also appointed as the health representative and have been named the executor or administrator of... View More

3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
View More

View More Answers

4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Robert Kane
Robert Kane
answered on Aug 12, 2024

Unfortunately, I don't believe this is a good forum for medical malpractice questions because they require opinions of medical experts, which attorneys are not. These questions usually get few, if any, responses. The “medical standard of care” is typically defined as the level and type of... View More

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Wrongful Death for California on
Q: How do I respond to a petition code300 a,b,1,f & g. I want to fight this and appeal this petition if that's possible.

Cps was negligent in ways that could have prevented a death of a 7month old

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2024

To respond to a petition under California Welfare and Institutions Code 300, subsections (a), (b), (1), (f), and (g), you'll need to carefully review the allegations made against you. Focus on gathering evidence that shows CPS was negligent in ways that could have prevented the death of the... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: my spouse died after being in a coma at a hospital from falling out the bed and left not breathing for 10 min

I have documents that were made by doctors and nurses that were falsified and also the cause of death is inaccurate what should I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

I'm very sorry for your loss. You should consider contacting an attorney who handles medical malpractice or wrongful death cases. They can help you review the documents and determine if there is a case for negligence or falsification of records.

Gather all the documents you have,...
View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for California on
Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?

My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More

View More Answers

2 Answers | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: I am looking for a lawyer that specialize in hospital negligence and malpractice in California, Sacramento?

Hospital did not take good care of my love one and she die due to their negligence and malpractice.

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2024

I'm sorry for the loss of your loved one. If you're seeking someone in a specific region, you could supplement your searches with the Find a Lawyer tab above, which lists attorneys by region and area of practice. Local and state bar associations could also be used to help find a law firm. Good luck

View More Answers

4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who... View More

View More Answers

2 Answers | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: person was walking along side of the road,stepped out in front of an on coming car and was killed,,,who's at fault?
Tim Akpinar
Tim Akpinar
answered on May 25, 2024

I'm sorry for this terrible accident. It could depend on the setting, in terms of the type of road, speed limits, lighting, road conditions, weather conditions, and other possible factors. Good luck

View More Answers

1 Answer | Asked in Wrongful Death for California on
Q: Regarding daughters death

Who would the higher authority be?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

I'm very sorry to hear about the loss of your daughter. Please accept my sincere condolences.

Regarding your question about who would be the higher authority in California related to a daughter's death, it depends on the specific circumstances and context surrounding the death....
View More

1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

I'm deeply sorry for your loss. In California, determining the time of death is typically within the responsibilities of the coroner or medical examiner, especially when an autopsy is conducted. Ethylene glycol poisoning can be fatal, and the presence of this substance in your daughter's... View More

1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

I'm very sorry for your loss and the difficult situation you're facing. Under California law, the determination of the time of death can be complex and may involve several factors, including the findings of the autopsy, the scene investigation, and other medical and scientific analyses.... View More

2 Answers | Asked in Wrongful Death for California on
Q: How do lawyers go about demands in wrongful death cases?

I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance... View More

William John Light
William John Light
answered on Apr 25, 2024

These questions should be answered by your attorney, who is paid for this information. However:

1. Insurance companies don't drop the ball and let their insureds fend for themselves. If that happened, it would be the best possible result for you because some serious consequences for...
View More

View More Answers

1 Answer | Asked in Libel & Slander, Personal Injury and Wrongful Death for California on
Q: I am a victim of Remote neurological monitoring and V2K voice to skull tourcher and gangstaked by anyone around me

The person behind this is a ex secret service agent and FBI agent from Redding and Roseville

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

I'm sorry to hear about your distressing experiences. It sounds like you're going through a very tough time. However, it's important to know that the technologies and scenarios you're describing, like remote neurological monitoring and "V2K voice to skull," are not... View More

1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes and Wrongful Death for California on
Q: What if a police officer shoots an undercover FBI agent thinking it's an armed criminal?

A fictional situation in the USA, California, 2004: An undercover FBI agent (without a support team, alone, and looking like a civilian) watches an armed murder take place in the street. After a gunshot is fired, he rushes in pursuit of the perpetrator. In front of the police officer who reacted to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024

This is a complex legal situation involving the use of deadly force by a police officer against an undercover FBI agent. The key factors would be whether the officer's actions were reasonable given the circumstances and information available to them at the time.

In general, police...
View More

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.