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California Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: my sister was murdered 28 years ago. it was a cold case for 25. they caught the guy whos dna was on my sisters body,

he was arrested and was in jail 3 years he admitted to participating in the murder, and was found not guilty. how do i go about starting a civil suit against him?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

When did you learn his identity? The statute of limitations may have run out. 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 more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: Hi, I was arrested 2 weeks ago for vandalism, I pop 2 tires of a car and the owner saw me on camera.

The reason why I did it it's because he's the mananger at the place where my girlfriend work and he was always behind her trying to get at her.and she told him to stop and he started sending her text messages afor days until I found out.my girlfriend was scared of losing her job and I was... View More

William John Light
William John Light
answered on Jun 26, 2017

You have the right to remain silent. It does no good when you go on websites and admit to the crimes of which you have been accused. Get a criminal defense attorney. Your girlfriend should make a complaint to the HR department and keep records of the text messages.

3 Answers | Asked in Family Law, Medical Malpractice, Wrongful Death and Health Care Law for California on
Q: State of CA - Family member has medical records of a deceased, can he share those with a patient advocacy org.?

There was no will left by the deceased, who had no assets either, hence there was no elected beneficiary, no personal representative or administrator of will. Just immediate next of kin. Would the family member get in trouble for any HIPAA violation were he to share the medical records with an... View More

William John Light
William John Light
answered on Jun 23, 2017

The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html. The person releasing the... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Can you seek damages for pain and suffering in a wrongful death case?
Jonathan S. Dennis
Jonathan S. Dennis
answered on Jun 23, 2017

No you cannot recover for pain and suffering for wrongful death in California. In California, you can recover the following damages for a Wrongful Death lawsuit:

1. The financial support, if any, that the Decedent would have contributed to the family during either the life expectancy that...
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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Wrongful Death for California on
Q: Can I hold my landlord responsible for the death of my dog for his negligence to fix the fence?

I've lived at this home for over 4 months and apparently the old tenant took the fence for some reason. I've asked the landlord plenty of times to fix the fence since I have two dogs (one is my service dog) and he is also charging me extra to have them on the property. Fence gate was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 20, 2017

What does the lease say about the fence? How did your dog die? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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1 Answer | Asked in Wrongful Death for California on
Q: Obtaining court records from a class action wrongful death suit from approximately 35 years ago.

Is there a way to obtain court records from a wrongful death suit in California from approximately 35 years ago? My mother died (due to negligence) at Metropolitan State Hospital in Norwalk, Ca. in 1973. There was a lawsuit (a class action lawsuit I believe) which was probably settled around 1977.... View More

William John Light
William John Light
answered on Jun 11, 2017

Court files from that long ago are stored at the Archives and Records Center in downtown Los Angeles. You will need the case name, case number or at least the names of one of the plaintiffs to locate the file(s). http://www.lacourt.org/generalinfo/Archives/GI_AR001.aspx

2 Answers | Asked in Wrongful Death for California on
Q: If my cousin was killed 4 and half years ago can I still make a wrongful death claim?
William John Light
William John Light
answered on Jun 2, 2017

You probably cannot. The persons who might have be able to make a claim would be your cousin's parents, brothers and sisters, and/or children. Most likely, the statute of limitations on such a claim would be two years. Any claims belonging to adults is probably expired. Claims belonging to... View More

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2 Answers | Asked in Wrongful Death, Criminal Law and Civil Rights for California on
Q: can someone be cleared from a conviction if they are deceased, and you have possible proof of wrongful conviction

my father in law was wrongfully convicted and given a life sentence he has been murdered while incarcerated for this crime. we may have proof he was wrongfully convicted. Can his name still be cleared.

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

You can try for a pardon.

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1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Wrongful Death for California on
Q: When a deceased body is being transported from state to state is a mandatory autopsy performed?

My father in law was flown from Missouri to California after he was murdered in a Missouri State Prison. We were told that an autopsy must be performed by both states. Is this correct?

William John Light
William John Light
answered on Jun 1, 2017

Under federal law, CEOs of prisons may order an autopsy of an inmate if they died from murder, suicide, illness, accident or any unexplained death. http://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-4045.html

I'm not sure why California would conduct an...
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3 Answers | Asked in Wrongful Death for California on
Q: What is the maximum you can be awarded in a wrongful death lawsuit?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 19, 2017

There is no maximum, except in medical malpractice cases, where the maximum "general" (non-economic) damages allowed is $250,000.

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6 Answers | Asked in Wrongful Death for California on
Q: If someone dies in a car accident on the way to work can their family sue the employer?
T. Andrew Miller
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answered on May 5, 2017

There are probably claims that the family of the person that passed can bring in this situation. Depending on the applicable state law, the chances of success may vary. You should speak with an attorney to help you sort this out and determine the best course of action. My office offers free... View More

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1 Answer | Asked in Criminal Law, White Collar Crime and Wrongful Death for California on
Q: My son was convicted of murder but they have no proof,

they are just trying to say that he did it due to his record violence​

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

Do you have a question?

2 Answers | Asked in Wrongful Death for California on
Q: Can you seek higher damages from a wrongful death defendant whose conduct was exceptionally bad?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 8, 2017

Yes, punitive damages are available when you can prove malice and intent in the killing. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

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1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for California on
Q: My dog got attacked and ate by a blue pitbull can I sue them?

I was holding my dog in my hand

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 15, 2017

Yes, you can sue for conversion of personal property and assault on you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: Are there any rights for my dog that register she got hit by a car that didnt stop she had died on impact because of it

The car was speeding

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

You can report the incident to the police if you grabbed the license plate, and you can also sue for conversion of personal property if your dog was on a leash in your hand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Can a person who is a suspect in a wrongful death accident be sued even if they're not charged by the criminal courts
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

Yes, so long as there is a factual or legal basis for the lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Wrongful Death for California on
Q: A dealer sold me a car with a defective air bag. If injured in a subsequent, would I be able to sue the dealer?

An auto dealership, under current federal law, is permitted to sell a used vehicle which currently has an open recall. However, given that the dealer could have looked up the VIN and determined that there was an open recall on the vehicle, would a jury determine that the dealer was negligent in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

The disclosure in writing suffices. It potentially replaces the mistaken recall information provided by the salesperson, depending on the facts and whether fraud can be proven if a rarified situation applies here. Contracts are what count and should be read. More details are necessary to provide a... View More

1 Answer | Asked in Wrongful Death for California on
Q: my mother was recently killed by a train, her back wheelchair wheel got stuck.

my mom was riding her wheel chair and her back wheel got stuck and a train hit her, my sister had contacted a wrongful death attorney, while our father who has been married to her before i was even born, i am 27, and they only have been togewther 2 years out of all those years actually living... View More

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

Contact your own attorney. Look for a member of CAOC. The attorney would have sent her a letter saying why he was dropping it.

1 Answer | Asked in Wrongful Death for California on
Q: can family of intruder sue homeowner for killing him on the driveway?

The two men killed during a home invasion west of XXXX Monday morning were the robbers, according to the XXX County Sheriff’s Office, and the residents who shot them are missing. Deputies were called just after 10AM on a report of an attempted carjacking at a home at the west end of XXX Road.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

See my answer to your identical question here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More

2 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: can a homeowner be sued for killing intruder?

3 men tried to get in a home owner shoots from inside the house killing one in the driveway the other 2 fled the homeowner chased the and shot giving back and forth returns to the house and leaves hides for days then returns claiming self defence the 2 intruders stop at a gas station for help and... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 17, 2017

Depends on the scenario, were they armed etc. Why not get a consultation from your homeowners insurance if you are the property owner, if you are from the family of the criminals, contact an attorney who gives free consultations.

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