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California Wrongful Death Questions & Answers
2 Answers | Asked in Civil Litigation, Criminal Law, Federal Crimes and Wrongful Death for California on
Q: I havea problem involving murder with intent to kill ,premeditated corruption, prostitution,and two dear missing friends
William John Light
William John Light
answered on Nov 20, 2017

I would think that corruption would always be premeditated, but that's probably another discussion. Needless to say, you need to consult with an attorney. These kinds of problems cannot be solved over the internet.

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1 Answer | Asked in Animal / Dog Law, Criminal Law, Personal Injury and Wrongful Death for California on
Q: My brother assaultted me during this assault he killed my dog what can I do what can I take him to court for

He won't let me get my property out of his house I filed assault charges against him I want him to pay for the assault n for the dealt of my dog wen he was chocking me n be my arm went through the window. He pulled me back in n he tripped him self n wen we fell he landed on my dog n killed him

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2017

that sounds like an accidental death.

did the police come? they arrest him?

you can always make a late report but it does not have the same value as a call right after the incident

1 Answer | Asked in Animal / Dog Law, Federal Crimes and Wrongful Death for California on
Q: Can I press charges against someone who intentionally hit my dog?

Our dog got out of the gate this morning and was struck by a truck coming at full speed. My dog was very visible in the road but the truck did not stop. After running her over, they reversed over her again, and drove over her a 3rd time. I have them on video from our security cameras. Is there any... View More

William John Light
William John Light
answered on Nov 16, 2017

It is hit and run, which is a misdemeanor if another person's property was damaged. Dogs are considered property. Call the police, make a report. It's up to them whether to pursue it.

2 Answers | Asked in Wrongful Death for California on
Q: Do I have to be related to the person who died in order to file a wrongful death claim? Or can I file for a friend I was

with when they died from another person's negligence?

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

The person has to be related. The claim is filed by the estate. You should consult a member of CAOC in the county where it happened. They give free consultations.

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5 Answers | Asked in Wrongful Death for California on
Q: Is there a time limit for filing a wrongful death claim? What if my spouse died and I was severely injured and that

delayed my ability to file?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 1, 2017

For most wrongful death actions, the statute of limitations is 2 years. For medical malpractice, it is usually 1 year. If it is a claim against a governmental entity, the claim must be filed within 6 months. If you have missed any of the applicable deadlines, speak with an attorney immediately... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Are step children entitled to part of the wrongful death settlement from their stepmother's death?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 20, 2017

Generally, if they can show they were financially dependent on the deceased person, yes.

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1 Answer | Asked in Small Claims and Wrongful Death for California on
Q: Am I still entitled to the settlement if I sign off that I want nothing to do with it?

My brother is suing the care facility that neglected to call 911 right away when they found our elderly mother on the floor instead they just picked her up and put her back on the bed. Later she was unresponsive and died of head trauma. It happened in California I live in Kansas and he wants me to... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

No because you signed it.

Why not not sign it, see what happens.

You may want to consult with an attorney or the attorney representing the estate.

2 Answers | Asked in Wrongful Death for California on
Q: I just found out my sister filed a wrongful death claim for my father and got some money. Am I entitled to any of it?
William John Light
William John Light
answered on Oct 6, 2017

Yes, you can sue any wrongful death plaintiffs that did not join you to the action, so that you can receive your share of the wrongful death damages.

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3 Answers | Asked in Wrongful Death for California on
Q: what information/evidence is required to file a wrongful death suite ?

I was driven by a friend to visit my mother at an assistant living facility at noon, lunch time in which she would be up and eating with the other people living at the residence.3 people including my mother.Upon arrival I knocked and was allowed entry from an employee,not the Owner/Operator.My... View More

Louis George Fazzi
Louis George Fazzi
answered on Oct 6, 2017

There are many good lawyers and law firms in the Sacramento area which you should call for help. Most likely you will want to contact a lawyer or firm with experience in medical malpractice matters.

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4 Answers | Asked in Wrongful Death for California on
Q: If my daughter died in the Las Vegas massacre but lived in California where do I process wrongful death case?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 4, 2017

Sincere condolences to you and your family. The case should be brought in Nevada.

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1 Answer | Asked in Wrongful Death for California on
Q: What's the average settlement in a wrongful death lawsuit?

I have seen where the family members of injured or killed criminals have sued the victim of a break in. I am looking into purchasing insurance to cover this (civil protection along with criminal defense) but would like to know how much coverage I actually need. Any thoughts or advice would be... View More

William John Light
William John Light
answered on Oct 3, 2017

You can't buy insurance for criminal defense.

As for a homeowner's policy, the value of a wrongful death case depends on comparative fault (between the Decedent and the person at fault for killing him), life expectancy, earnings potential, the value of the love, comfort, society...
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4 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: If a family member was found on a public street and then past away could the city be held liable?

The side of the street where you walk is dark and has no lighting. There is minimal light from across the street from 1 or 2 lamp posts

William John Light
William John Light
answered on Sep 21, 2017

Cities have no obligation to prevent darkness. However, there may be other avenues of liability. I suggest speaking with a PI attorney to learn more about the possible case.

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1 Answer | Asked in Wrongful Death for California on
Q: I don't feel like my mother was given the proper information about her DNR and now she's dead.

Can I file a wrongful death claim?

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2017

Contact a member of the CAOC, as they give free consultations, however unless your lawyer can prove that she would have survived if resussitated, then I wouldn't see a case. Usually if someone is in a DNR situation they are significantly compromised.

1 Answer | Asked in Wrongful Death for California on
Q: How do i open up cold case 1976 my aunt was found dead in keys canel. Was last scene with a guy named frank at time no

One would talk and the police did not invistgate that a farmer where my aunts nude body was found a man speed away

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2017

It's virtually impossible for you to do it. However there are groups of retired police who look at cold cases. See if they would be interested.

1 Answer | Asked in Wrongful Death for California on
Q: Do parents of someone who died get a portion of any legal settlement?

The person died without any children of his own and now his mother believes she is entitled to some of the money along with his wife.

William John Light
William John Light
answered on Sep 2, 2017

If there is a wrongful death case, there must be attorneys involved. Ask them. If there aren't attorneys, get one. In a wrongful death case, parents of adult children can be plaintiffs if the adult child is not married, had no children, or the parents are financially dependent on the... View More

1 Answer | Asked in Family Law, Probate and Wrongful Death for California on
Q: My moms husband just died by her stepsons ending life support without her consent is this legal??

My mom went in to visit her husband Wednesday morning Dr said he was getting better and he maybe would pull thru. Well when she had left her husbands son's for some reason had some kind of authority over there dad's life without consulting with my mom and decided to sign papers at the... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

The individual can decide who will make those decisions. For whatever reason your mom's husband chose his son and not her. However the "getting better might pull through" and then dead suggests that it was not a pull the plug situation. She should contact a member of CAOC who handles... View More

1 Answer | Asked in Personal Injury and Wrongful Death for California on
Q: How much progress has your firm made by using Justia?
David Alan Wolf
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answered on Jul 31, 2017

I am not sure of the context of the question. As a law firm client, I have worked with Justia for over 10 years. The company, staff, and management are all top notch. Justia serves its clients well and also serves the public in providing free legal resources and information.

1 Answer | Asked in Wrongful Death for California on
Q: My wifes mom passed away last week for lung cancer. She also found out she was born with one lung. She lived in Tory Ut

she lived there from 1942 tell 1958. Her mom won a case of Downwinder on a claim on her dad. Can we file a claim on her mom? Her mom passed away in Sacrameo CA

William John Light
William John Light
answered on Jul 28, 2017

Potentially, yes. It is unclear when the cancer/one lung condition was diagnosed and whether that may affect a claim. I believe that Downwinder claims are limited to $50k.

https://www.justice.gov/civil/common/reca

4 Answers | Asked in Wrongful Death for California on
Q: I'm the executor of an estate

-- some of the parties who will receive money want me to also sue for wrongful death of the person that died. I'm reluctant to do that - am I the only one who can make a claim?

William John Light
William John Light
answered on Jul 20, 2017

The executor would not sue. The parties to a wrongful death action are "the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would... View More

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2 Answers | Asked in Wrongful Death and Workers' Compensation for California on
Q: My husband died on the job out of state - where would we file a lawsuit if we decided to do it?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

It depends on the facts, but you may be able to sue where he died, where he lived, or where the defendant lives/ does business. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... View More

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