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California Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for California on
Q: How can I help this mother get closure from her sons suspicious death in foster care?

I have a close friend who's healthy 12 year old son was found dead, face down in a bathtub of water, with his pants down while in the custody of foster care. Her story is unimaginable. The autopsy states the cause of death was undetermined... There was incorrect information regarding the... View More

William John Light
William John Light
answered on Dec 31, 2018

It is highly doubtful that you are going to be able to adequately investigate a death from 17 years ago. You can try to get the body exhumed and hire a pathologist to perform an autopsy. Be prepared to spend about $10,000, at least. Whatever that determines may lead you to other lines of inquiry... View More

1 Answer | Asked in Wrongful Death, Health Care Law and Medical Malpractice for California on
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
William John Light
William John Light
answered on Dec 28, 2018

Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.

1 Answer | Asked in Wrongful Death for California on
Q: Hi I would like to no if u can sue for a lightning rod that harmed u pretty much a tempte of murder me

I had got hit with lightning but have a lightning rod of the proper person going into right derection in what I wanted to no who could destroy my life in all the ways like they truly did ya it's tru but haven't now till now thanks have a nice day

William John Light
William John Light
answered on Dec 18, 2018

Very unclear what happened. If someone installed a lightning rod improperly, and you were injured as a result, you might have a claim. Consult with a knowledgeable PI attorney to a detailed evaluation of exactly what happened to you.

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Wrongful Death for California on
Q: After two years of human trafficking, 5 years of attempted taking of a life, and finally death

A person continually goes missing over 2 years, is controlled with drugs, sold it's finally found by the police and described as a victim of human trafficking.The district attorney blames the victim citing sheet and should not have gotten into the position she's in at that... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 14, 2018

Not sure this is a question but it's up to the authorities to investigate or journalists, but only the DA and police can charge anyone.

1 Answer | Asked in Wrongful Death for California on
Q: Can a private investigator who conducted interviews but failed to get signatures still testify in court

Filling to get signatures can the pi testify in court to their discussion they had with informants? Some did have depositions, others did not but 13 Witnesses have died on this case prior to trial. The case has run out of witnesses for the plaintiff as the remaining until too afraid to appear in... View More

William John Light
William John Light
answered on Dec 14, 2018

Yes. Prior statements to others can come into evidence through applicable hearsay exceptions.

1 Answer | Asked in Wrongful Death for California on
Q: Plaintiffs attorney hires expert Expert is friend of defendant and support defendant Is it mandatory to keep him?

The original attorney is fired for this reason but new attorney States LA Superior Ct requires retaining this expert, friend of the defendent,opened rehab together, supports dependent in wrongful death. Dependent w/o license has sober companions provide drugs/alcohol. After 7 months of no MD txt... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 14, 2018

It may be if the case is ready for trial and the expert was listed. It may be possible to petition the court to get that permitted but you need to sit down with the lawyer on this.

1 Answer | Asked in Wrongful Death for California on
Q: How do you handle a lawyer that does not want to use the facts and fight but given to the defense for ease?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2019

You could consult with another attorney in California.

Tim Akpinar

1 Answer | Asked in Wrongful Death for California on
Q: my husband wants to file a Habeas for Re-sentencing under the case Law of (Banks and Clarks)? Can he qualify for sb1437?

Also if people sentenced to LWOP qualify for the new Bill under The Felony murder Rule sb1437?

As for as for the Habeas under ( Banks & Clarks) is to take away LWOP for someone that according to the Police reports was presented but not the active shooter or Big participant in any crime?

William John Light
William John Light
answered on Dec 7, 2018

You should re-post this under criminal law or criminal defense. Wrongful death is a civil law issue.

4 Answers | Asked in Wrongful Death for California on
Q: My mother was hit and killed by a driverless car. Can I still sue the person in the driver's seat or do I need to go

after the car maker?

William John Light
William John Light
answered on Dec 4, 2018

There is no such thing as a driverless car. There are cars which try to operate without as much human intervention, but humans are still "in control" and can intervene when appropriate. In other words, you sue the driver and owner of the car, as well as the manufacturer/ distributor/... View More

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1 Answer | Asked in Adoption and Wrongful Death for California on
Q: Can be listed as a statutory heir to someone if his parental rights were taken away and I have been legally adopted?

This was a wrongful death suit for my biological father that was filed in Arkansas, I live in California. His name is not even on my birth certificate. I do not want anything from him but the lawyer from Arkansas wants me to sign paperwork stating I do not want any of the money. I think this is... View More

William John Light
William John Light
answered on Nov 20, 2018

You would have to consult with an Arkansas attorney about that. However, even if you could be included, the value of your case would be tremendously adversely affected by the lack of relationship between your father and you, at least that is how it would work out in CA.

4 Answers | Asked in Wrongful Death for California on
Q: If my husband died in a car crash but was a stay-at-home parent who planned to return to a corporate attorney job at the

end of the year, can I sue for loss of income?

William John Light
William John Light
answered on Nov 19, 2018

Yes, but it will be harder to prove. Insurance companies, jurors, will be more skeptical. This is not a do it yourself project. Call an attorney. Consultations are free.

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2 Answers | Asked in Wrongful Death for California on
Q: Do you prove wrongful death the same way as regular personal injury claims?
William John Light
William John Light
answered on Nov 5, 2018

Yes, with documents, photographs, videographic evidence, witness testimony, expert witness testimony, and by a preponderance of of the evidence. A wrongful death case is not a DIY project. Consult with an attorney.

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3 Answers | Asked in Car Accidents, Criminal Law and Wrongful Death for California on
Q: unlicensed driver in accident killed other person. charged w/manslaughter. is serving time absolute mandatory
Dale S. Gribow
Dale S. Gribow
answered on Oct 15, 2018

More info needed

Was driver under influence?

Did he ever have CDL?

Why was lic taken away? Or never licensed?

If already sentenced it might be late to ask the question...

I assume lawyer was appt’d For him.. who knows all facts. You should pose questions to that lawyer

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1 Answer | Asked in Wrongful Death for California on
Q: We're confused about wrongful death and a survivor's lawsuit - they sound kind of the same to us - is that the case?
William John Light
William John Light
answered on Oct 12, 2018

No. Wrongful death is a case brought by the family members who have lost the love, comfort, society and affection of the decedent. A survivor's action is brought on behalf of the estate of the decedent for the decedent's own damages that "survive" the decedent's death.... View More

4 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: How and where do i file wrongful death lawsuit?

daughter died in motorcycle crash while visiting Idaho. we live in california, driver lives in n. dakota.

William John Light
William John Light
answered on Sep 29, 2018

You need an Idaho attorney. Although you could file in Federal Court in Boise or Pocatello based on diversity jurisdiction. If you chose that, any attorney admitted to the 9th Circuit (of which California is a part) could represent you. This is not a do it yourself project.

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1 Answer | Asked in Wrongful Death for California on
Q: If someone ran over my dog and it wasn't registered. What could I do about it? Please response when you can. Thank you.
William John Light
William John Light
answered on Sep 24, 2018

You can sue in Small Claims for the value of the dog based upon negligence of the driver. However, if your dog was off leash and running in the street, expect any claim to be reduced by your proportion of comparative fault, which will be extensive.

1 Answer | Asked in Car Accidents, Criminal Law and Wrongful Death for California on
Q: lets say i am fighting a case for driving under the influence of meth and there were half a dozen other cars involved

someone passed away and it was casued by another vehicle hitting them and my vehicle hit that vehicle, im being blammed for the entire cause of accident and i was a victim myself and injured the car which caused accident didnt get held accountable at all and the first officer on scene was a off... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2018

much more info needed

be careful what you post as anyone can see it.

you have a right to change lawyers.

what courthouse are you in?

if you can afford it i will give you the names of the 2 or 3 best DUI lawyers in California.................

dale@dalegribowlaw.com or 760 8377500

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Can officers shoot my dog during an eviction

Officers were warned by both resident's and landloRd that my dog is aggressive towards yelling and guns, sent my buddy to restrain him. A officer yelling, opened the garage door with gun aimed forword, causing my dog to bite his pant leg. Dog wa's yanked back from officer, at which... View More

William John Light
William John Light
answered on Sep 17, 2018

Yes, it's legal. The officer was warned that your dog was aggressive. Your dog tried to bite the offer and, in fact, bit his pants. Your dog demonstrated that he was a threat to the officer's safety, even though you had restrained him at that moment. There was no guarantee that your... View More

1 Answer | Asked in Wrongful Death for California on
Q: What is the difference between a wrongful death suit and a medical malpractice claim? Do we file both?
William John Light
William John Light
answered on Sep 14, 2018

You would allege wrongful death, on behalf of the statutory heirs, based on medical malpractice. This is not a do it yourself project. You cannot file a lawsuit on behalf of anyone else if you are not an attorney. Medical malpractice cases are notoriously hard and doctors win most of them,... View More

4 Answers | Asked in Car Accidents, Wrongful Death and Criminal Law for California on
Q: All 3 of my boys were in the same vehicle, and incident reports only mention 3 victims. Who was driving 2nd car?

My boys were in a car accident, 2 of them lost their lives. They were hit on the front passenger side at an intersection, and there was only a stop for the other people/cross street. But incident reports only mention 3 victims, which were the driver Chris, his passenger in front Angel, and his... View More

William John Light
William John Light
answered on Sep 13, 2018

I am sorry for your loss. It is unbearable.

Any answer I give to your questions would be speculation, since I haven't read the report. Ordinarily, all persons, vehicles and owners of vehicles are listed on the report. If there are no arrests, it could be that a determination has not...
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