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California Wrongful Death Questions & Answers
4 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Seek guidance on medical malpractice case after father's surgery complications.

I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 17, 2025

I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More

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4 Answers | Asked in Products Liability, Wrongful Death and Personal Injury for California on
Q: Husband passed due to insulin pump malfunction; next legal steps?

In early March, my husband passed away, and I believe it was due to a malfunction of his new insulin pump. The pump kept failing, which may have resulted in incorrect insulin dosing. I reported the issue to the manufacturer and relevant authorities, and I have records of all his calls to the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 11, 2025

So so sorry to hear this. Definitely avoid too much interaction with insurance companies, yours or the hospitals' or doctors' and reach out to speak to counsel asap to best protect any/all claims here. IF the attorney is experienced but not say in this area of law, s/he may have a good... View More

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3 Answers | Asked in Personal Injury, Wrongful Death and Admiralty / Maritime for California on
Q: What steps to take after sister's cargo train fatality in CA?

I am seeking legal assistance after my sister was fatally hit by a cargo train on March 8th. According to the initial coroner's report, she was walking on the tracks and the train captain sounded a warning but couldn't stop in time. We do not have any surveillance footage, and neither the... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 8, 2025

I am so sorry for your loss.

Do not speak with the insurance company or anyone else without an attorney.

First step contact an experienced. There are a number of us on Justia.

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3 Answers | Asked in Civil Rights, Wrongful Death and Personal Injury for California on
Q: Legal implications of police advising DOA causing delayed EMT response in wrongful death case.

In a wrongful death case, what are the legal implications when police officers announce 'DOA' (Dead on Arrival) immediately upon arriving at a scene, causing EMTs to park a block away and wait for the coroner? This resulted in the victim bleeding to death for 1 hour and 23 minutes... View More

Robert Kane
Robert Kane
answered on Apr 3, 2025

The entire situation would need to be evaluated to determine whether procedures where followed and such. It seems the safety of the EMTs could very well be a factor. A law firm that specializes in police misconduct would be best to evaluate the potential case.

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2 Answers | Asked in Car Accidents, Wrongful Death, Probate and Personal Injury for California on
Q: Do I have rights to a settlement after my partner's death without a will?

My partner of 35 years passed away last year following a car accident in 2021. We had lived together for 12 years, and I provided financial support for him after the accident. I am recognized as his partner legally. The settlement from his accident is anticipated to be completed in June this year.... View More

Eliza Jasinska
Eliza Jasinska
answered on Apr 3, 2025

In California, unless you were legally married or in a registered domestic partnership, you do not automatically have inheritance rights to your late partner’s accident settlement under intestate succession laws. However, if the settlement includes wrongful death compensation and you were... View More

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3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Seeking legal advice for potential medical negligence case after husband's passing.

I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 2, 2025

I'm very sorry to hear of your loss. Reach out to an experienced medical malpractice attorney to discuss filing a possible malpractice lawsuit. But keep in mind that there is a 1 year Statute of Limitations on filing such a claim, which runs from the date you discovered the malpractice.

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3 Answers | Asked in Wrongful Death, Car Accidents, DUI / DWI and Personal Injury for California on
Q: How can I access information about my son's case related to a drunk driving incident?

I am seeking information about a legal case concerning the death of my son, who passed away due to a drunk driving incident on April 8, 2023. His father opened the case, but he hasn't shared any information with me. I want to know how I can get access to all details regarding the case,... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 1, 2025

It would be prudent to do as the below attorney suggests and file a case for yourself. You can go to the county court's website and do a name search. Once you find the complaint it should give you all the information you want. The county will either be the county where the accident occured or... View More

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3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: How do I file a medical malpractice and wrongful death case for my mother in California due to hospital negligence?

I want to file a medical malpractice and wrongful death case regarding my mother's treatment at Mercy San Juan in Carmichael, California. She was admitted to the hospital on January 23, 2025, with low oxygen and possible a-fib, but unknowingly had a UTI that made her agitated. Despite her... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2025

I am so sorry for your loss and for how she suffered needlessly.

There are many aspects of a medical malpractice/wrongful death case. First is the one year time limit. It appears you are well within that, but do not delay in getting an attorney.

The next issue is did the health...
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1 Answer | Asked in Civil Rights, Wrongful Death and Personal Injury for California on
Q: Can I pursue disciplinary action against a detective for mishandling my mother's fatal accident investigation?

My mother was killed by a negligent driver in October 2023. The police report was only released in June 2024, and I believe the detective assigned to the case delayed the process. Despite my attempts to communicate via email, his responses became dismissive, and he stopped replying. He even... View More

James L. Arrasmith
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answered on Mar 25, 2025

I'm deeply sorry about the loss of your mother and understand your frustration with how the investigation was handled. Losing a loved one in such circumstances is devastating, and feeling that justice isn't being properly pursued only compounds that pain.

You have several options...
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Q: Seeking itemized settlement and lien resolution advice in wrongful death claim

I'm receiving a settlement for a wrongful death claim from my parents' auto insurance. They deducted $12,000 from the liability claim I received from the at-fault driver, stating it was related to a wrongful death claim under underinsured motorist injury liability. When I asked for an... View More

James L. Arrasmith
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answered on Mar 23, 2025

You have the right to request a detailed breakdown of your settlement from the insurance company. While they might claim they can't alter their standard form, you can formally request an itemized settlement statement in writing, specifying that you need clarification on the $12,000 deduction.... View More

1 Answer | Asked in Civil Litigation, Probate and Wrongful Death for California on
Q: Seeking rights to enter deceased son's house and obtain police report after police ruled it as self-inflicted.

My son was found dead on February 7, 2025, near Waterford Hwy. The police ruled it as self-inflicted, noting he sustained a shotgun wound to the forehead with a .45 caliber gun. Those who knew him do not believe he took his own life. His car was parked with windows rolled down on a rainy night, and... View More

James L. Arrasmith
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answered on Mar 22, 2025

I'm deeply sorry for your loss and understand your need for closure during this difficult time. As a mother, you deserve answers about what happened to your son.

In California, without a will, property typically passes to children first under intestate succession laws, but you may...
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2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Legal actions for inadequate care leading to dehydration, weight loss, and death of a sedated patient in hospital.

I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More

Randall R. Walton
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answered on Mar 22, 2025

You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... View More

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1 Answer | Asked in Civil Litigation, Estate Planning and Wrongful Death for California on
Q: Can my cousin's brother be prosecuted for discarding her ashes in California?

My cousin passed away a year ago, and I'm her Power of Attorney and Executor of her Estate. Her wishes were to have her ashes scattered at sea, but I didn’t inform her brother of this intention as I didn’t foresee him discarding them. After giving him her ashes, I discovered that he... View More

James L. Arrasmith
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answered on Mar 16, 2025

I'm truly sorry you're experiencing this difficult situation; what happened to your cousin's remains is not only hurtful but understandably distressing. In California, human ashes are legally considered cremated remains, and the state has specific laws about how they must be handled... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for California on
Q: Am I able to get another extension for a medical malpractice case in California?

I'm considering filing a medical malpractice case in Northern California regarding my son Rayden, who was born prematurely at 27 weeks on October 3, 2023, at UC Davis. During my high-risk pregnancy, I experienced several complications, including bleeding, placenta previa, a possible uterine... View More

James L. Arrasmith
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answered on Mar 15, 2025

I understand your desperation as you navigate this painful journey after losing Rayden. The standard deadline for wrongful death cases in California is two years from the date of death, which aligns with your March 25, 2025 timeline. Finding legal representation for complex medical cases can be... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Husband died; suspect EMT negligence. Should I seek legal representation?

My husband died, and I suspect EMT negligence was involved. Despite consulting several attorneys, they have not taken my case. My roommate witnessed the incident. Should I continue to seek legal representation to address this issue?

Eliza Jasinska
Eliza Jasinska
answered on Mar 14, 2025

I'm sorry for your loss. If multiple attorneys have declined to take your case, there could be several reasons, such as difficulty proving negligence, lack of strong evidence, or legal barriers like immunity for emergency responders.

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3 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: Legal advice needed: EMT incorrect CPR & equipment omission led to husband's death at home in Brentwood, CA.

I am seeking advice regarding a situation where an EMT performed CPR incorrectly and failed to bring a defibrillator, contributing to the death of my husband at our home in Brentwood, CA. Additionally, there was a delay in the ambulance arriving. Is this incident worth pursuing legally, and what... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 11, 2025

It is worth consulting with experienced malpractice attorneys.

There are many more factors than the facts provided in your post that malpractice attorneys will consider.

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3 Answers | Asked in Car Accidents, Bankruptcy, Personal Injury and Wrongful Death for California on
Q: Explore legal options for compensation from 1997 accident.

In 1997, my stepmother, brother, and I were hit by a drunk driver in Galt, CA. Unfortunately, my stepmother and brother were killed, and although I survived, I've had to undergo several surgeries since the accident. My mother sued and was awarded damages, but the driver filed for bankruptcy,... View More

William John Light
William John Light
answered on Mar 10, 2025

That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More

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4 Answers | Asked in Wrongful Death and Personal Injury for California on
Q: How to sue truck driver & company for wrongful death in CA?

I would like to know how to pursue a lawsuit against a truck driver and Pacific Green Trucking Inc., as the driver was involved in an accident that killed my fiancé last year in August. The accident occurred in Long Beach, CA, at the intersection of West Anaheim St & Hayden Avenue. The truck... View More

William John Light
William John Light
answered on Mar 5, 2025

I am sorry for your loss.

If you have a wrongful death attorney, then you already know how to sue. However, a fiancé does not have standing to sue for wrongful death in California. That right belongs to the deceased's children, if any, or her parents, or her siblings.

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3 Answers | Asked in Personal Injury, Wrongful Death and Civil Litigation for California on
Q: Can CHP be liable for not conducting blood test in fatal accident?

I tragically lost my husband due to a driver who claimed he fell asleep at the wheel last August. Unfortunately, the California Highway Patrol (CHP) hasn't finalized the accident report even after six months. No charges have been filed against the driver, though he has a prior accident from... View More

David W Gammill
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answered on Mar 3, 2025

I’m very sorry for your loss, but No. Generally speaking the police are immune from lawsuits for being bad/lazy/incompetent at their investigative jobs.

Perhaps the driver’s employer could have liability or the state for the condition of the road.

Under no circumstances should...
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2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Do I have a wrongful death medical malpractice case in California?

Rayden was born prematurely on 10/03/2023 after a high-risk pregnancy and suffered from undiagnosed congenital conditions, including diabetes, galactosemia, and Waterhouse-Friderichsen syndrome. Despite repeated medical visits, these conditions went untreated, leading to his death. There are... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 28, 2025

If your SOL expires in 25-days you need to contact medical malpractice attorneys TODAY! It takes a lot of time to prepare a med-mal lawsuit because these claims are heavily dependent upon the use of medical experts. Search medical malpractice attorneys on Justia and call some atty's for a free... View More

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