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California Wrongful Death Questions & Answers
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
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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...
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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

There may be a good medical malpractice case. An experienced medical malpractice attorney will want to review the death certificate and medical records, and, potentially consult with an expert medical doctor to determine any breach of medical standard of care, which is required to prove a case.... View More

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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: What is the procedure to get details of the documents and evidence based on which a coroner report has been amended?

1. Can the cause and manner of death in a coroner report be amended?

2. What is the procedure to amend the coroner report?

3. If the deceased family has got the coroner report amended, what is the procedure to get details of the documents and evidence on basis of which the report... View More

James L. Arrasmith
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answered on Mar 25, 2024

1. In California, the cause and manner of death listed in a coroner's report can indeed be amended if new, significant evidence comes to light or if there was an error in the original findings.

2. To amend a coroner's report, typically, a request must be submitted to the...
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1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

William John Light
William John Light
answered on Feb 3, 2024

You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Would like medical malpractice consult- my late mother passed due to undiagnosed/untreated seizure activity in her brain

Had 2 strokes leading up to her passing and she/we were never advised by surgeon or neuro doctors to watch for seizures

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2024

I'm very sorry for the loss of your mother. As my colleague correctly states, attorneys on this forum cannot solicit work. You could search independently for attorneys online, and try to set up a free initial consult. You could supplement your searches with the "Find a Lawyer" tab... View More

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?

On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the... View More

James L. Arrasmith
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answered on Dec 14, 2023

I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they... View More

1 Answer | Asked in Wrongful Death for California on
Q: I have a claim with CICP, it was filed almost three years ago, and I’m not getting anywhere. My husband contacted Covid

While in the hospital he was released. Shortly after that he was hospitalized with Covid and banned from guest. Two weeks in the hospital they released him. When they went stand him up to bring him to me he collapsed they called me and said he was not being released. After looking thru his records... View More

James L. Arrasmith
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answered on Dec 12, 2023

I'm sorry to hear about your difficult situation. Dealing with the CICP (Countermeasures Injury Compensation Program) can be challenging, especially in complex cases like yours. Given the time that has passed since your husband's passing and the complications in his medical treatment and... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Wrongful Death for California on
Q: What kind of attorney practices in cps lawsuits my daughter was in their care when she was murdered
James L. Arrasmith
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answered on Nov 11, 2023

In California, lawsuits involving Child Protective Services (CPS), especially those as serious as a wrongful death case, are typically handled by attorneys with expertise in civil rights and government liability law. These attorneys often have experience in dealing with state agencies and... View More

1 Answer | Asked in Wrongful Death and Criminal Law for California on
Q: If someone breaks into my home at night using a crowbar on my french doors, do I have the right to use deadly force?

Does the use of a crowbar constitute violent entry? I was home alone and I'm 80 years old. Could I be prosecuted for homicide?

James L. Arrasmith
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answered on Oct 28, 2023

Under California law, you have the right to defend yourself and others in your home from an imminent threat of death or great bodily injury, which is often referred to as the "Castle Doctrine." If someone breaks into your home, particularly at night, using a tool like a crowbar, it can be... View More

3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.

Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit?

James Otto Heiting
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James Otto Heiting
answered on Oct 6, 2023

With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up.... View More

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1 Answer | Asked in Wrongful Death for California on
Q: DESPERATELY IN NEED OF A LAWYER,TO WIN THIS OVER FOR MY MOM,HOW CAN WE PUT THEM AWAY AND MAKE THEM PAY EVERY PENNY BACK?

My mom had first stages of dementia about 2 years ago she recently passed away she is my best friend. I took care of her full-time everyday for almost 8 months, meanwhile her boys who she trusted most and my brother just started to get durable power of attorney, HE THEN ROBED HER OF ALL HER SAVINGS... View More

James L. Arrasmith
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answered on Sep 20, 2023

I'm very sorry to hear about this traumatic experience. In a situation with serious allegations such as these, it is critical to consult with an experienced attorney who can help you navigate the legal intricacies involved. They will likely advise gathering all relevant documentation (like... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: What would be the best type of lawsuit over my daughter's death?

My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as "normal." The standard of care is to closely follow growth with more ultrasounds in the case... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 18, 2023

It would be wrongful death resulting from medical malpractice. Your problem however is the fact that there is no treatment for abnormal or marginal cord placement. To have a claim based on malpractice, you would have to prove malpractice caused the injury (i.e. your daughter's death). If... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Give a good reason for tolling the malpractice 1 year cutoff

The spouse could not see malpractice until after she followed with cancer diagnosis too.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 18, 2023

I'll give you 4-good reasons:

1) minor

2) out of the state

3) prison, or

4) insane

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2 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: why is there no charge of homicide only arson.

Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at... View More

Christopher Walsh
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Christopher Walsh
answered on Sep 4, 2023

As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect... View More

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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: We have retained a lawyer to investigate a hit and run that killed my parents. Can you give me an idea how much $$?

How much is an average retainer in San Diego?

How many accidents should occur on a single street to justify a traffic signal be installed?

William John Light
William John Light
answered on Aug 10, 2023

There are many variable into "how much", such as the amount of insurance coverage, the comparative fault of all of the drivers, the number of claimants to divide the insurance, etc. We don't know any of that so no one can even begin to say "how much." If there is an issue... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: My sister was in a fatal car accident. They made her wait 4 hours then she had to walk home. Why no ride?

My parents where killed and nobody gave her a ride home. She was told to go to a diffrent hospital and missed my moms death by 10 minutes, Why did they do this?

William John Light
William John Light
answered on Aug 10, 2023

I am sorry for your loss.

The continuous posting of questions is beyond the scope of this forum. If you have a multitude of questions, just call a wrongful death attorney to discuss your potential claims.

As to your questions: The police do not have to give anyone a ride. As to...
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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: If a driver is allowed to leave the seen of a fatal accident by SDPD why are they not looking for him now?

My family was in a fatal car accident. There were 3 young men however, the driver was allowed by police to leave the scene and is not wanted for hit and run, Why? He murdered my parents and thats it? What is my recourse?

William John Light
William John Light
answered on Aug 9, 2023

If he talked to police at the scene, it's not hit and run, by definition. The police are free to let people leave the scene.

Your recourse is to talk to a personal injury attorney about filing a lawsuit for wrongful death. It is up to the police to investigate, and up to the...
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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: If a driver leaves the scene of a fatal car accident and his mother shows up. She is as guilty?

The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise

William John Light
William John Light
answered on Aug 8, 2023

No, the mother is not guilty. She may be liable civilly as the owner of the vehicle, or as the person who signed the documents who allowed her potentially minor son to obtain a provisional license. The mother did not commit a crime, however, based on the little information you have provided.... View More

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1 Answer | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: Your strategy for getting a documentary filmed at a funeral? Waivers... etc

My parents were both killed in an auto accident.

It needs attention for justice. We need to get the story out there.

Media package-What does that include?

They met 14-17 at a dance married 57 years.

The nicest people you would ever meet.

They came from 2... View More

James L. Arrasmith
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answered on Aug 8, 2023

First start by obtaining appropriate waivers and consents from the relevant parties, such as the funeral attendees and participants. I would ensure that the necessary permissions are obtained, and California's privacy laws are complied with throughout the filming process.

A media...
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