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California Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for California on
Q: Two men were murdered with a gun owned by one. Can a suit be brought against owner of the gun?

Four men were in a car, the driver and owner of the car, and passengers 1, 2, and 3. They were stopped in a neighborhood in order to sell drugs. Passenger 3, sitting in the backseat behind the driver, shot and killed the driver while he was still seated in the car. Passenger 1, in the front... View More

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

Maybe. Even if a suit could be brought, how would anyone collect? The type of people who sell drugs and use guns don't seem to be likely to have the kind of money that would make a wrongful death lawsuit profitable. It seems unlikely that any insurance policy would apply to these... View More

2 Answers | Asked in Wrongful Death for California on
Q: My husband was beated and tazed to death by cops there was 7 cops he had no warrants
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 5, 2018

So sorry to hear that happened, condolences to you and your family. You may have a wrongful death claim in both Federal and State court. There are very strict time deadlines, so speak with experienced personal injury and civil rights attorneys right away.

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1 Answer | Asked in Wrongful Death for California on
Q: Which one of the attorneys out there is willing to hear my circumstances,has a war chest to work out of,

And enough skill to bring it for a man who was shotgun murdered in his chair at the California conservation corps. By another employee.

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

You would want to contact a member of CAOC, (they give free consults) , for the county where it happened, but understand any attorney in any state will only take a case if there is a strong liklihood of success. The problem in your case may not be a "warchest" but that they have to spend... View More

1 Answer | Asked in Wrongful Death for California on
Q: My dad worked for the state of California when he was murded. I was 11. Can I still file a wrongful death suit

I just found out the state had abandoned preliminary recruitment requirements that had been put in place to identify potential " risk" or employees who could not handle following directive from supervisors.

William John Light
William John Light
answered on Mar 1, 2018

A negligence claim has a two year statute of limitations, plus you have to file a Tort Claim against the State within 6 months of the wrongful act. If you have any civil rights claims, those do not require a Tort Claim, but you still have to file a lawsuit within the statute of limitations. For a... View More

3 Answers | Asked in Health Care Law, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Minimum standard of care was the cause of fathers death, according to medical records. Can I present facts without att?

Failure to monitor during anesthesia; led to pneumothorax which led to weak lung which led to Pneumonia, led to procedure, led to tube feeds, led to lack of fluids and nutrition, led to paralysis of left side complete, led to bed bound, led to bed sores, led to muscle dysphasia, led to unwanted... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 27, 2018

You would be incredibly foolish to try to bring this case yourself. Consult medical malpractice attorneys. Provide them with the medical records. These types of cases require expert opinions regarding the standard of care and causality. Do not try to do this yourself.

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2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Can you get another trial after you agreed to settle with a different lawyer

Recently my brother passed away he went to the hospital at 5 in the evening and then died at 2 a.m. that night after they sending him home saying that everything was fine they knew for 7 years that he had a heart disorder and never told him my sister-in-law recently sued for wrongful death but I... View More

William John Light
William John Light
answered on Feb 22, 2018

You can get another attorney, but it is difficult to find an attorney to step in to a case when he has to share fees with the first attorney. It is easier if the first attorney withdraws. He wouldn't have a claim to fees and a new attorney has a better chance of making a profit. You... View More

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3 Answers | Asked in Wrongful Death for California on
Q: Is wrongful death a crime (like felony)?
William John Light
William John Light
answered on Feb 22, 2018

It can be, or it can be negligence. Depends on the facts.

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3 Answers | Asked in Wrongful Death for California on
Q: Am I allowed to sue the state for the wrongful death of my spouse if a government worker was at fault?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 6, 2018

The short answer is yes. There are many traps and pitfalls, not the least of which is a very short time to make a governmental entity claim. You should talk to experienced personal injury attorneys, and do not delay.

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2 Answers | Asked in Animal / Dog Law and Wrongful Death for California on
Q: An ambulance ran over/killed my dog. Can I sue?
William John Light
William John Light
answered on Feb 5, 2018

Your question indicates you are in Arizona, while you have posted in the California forum. In California, you can sue for the value of your dog if someone injures/kills it through negligence. Having another person run over your dog raises the question of "how"? If your dog was off... View More

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4 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: Im being accused of somekind of wrongful death lawsuit and i have no clue whats going on its not me i have no money for
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 25, 2018

If you have been served lawsuit papers, you must file a response on time. If the Complaint alleges the wrongful death was from a motor vehicle collision, and you had vehicle insurance, turn the papers over to your insurance company immediately. If the death is not alleged from an vehicle... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Ca b.i.t. inspector is or is not responsible for the faulty brakes that resulted in the death of truck driver
William John Light
William John Light
answered on Jan 23, 2018

Probably not. The truck company, the manufacturer of the brakes, the maintenance company, are all potentially liable either civilly or in workers compensation.

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2 Answers | Asked in Wrongful Death for California on
Q: California inspector sued for the death of driver for faulty brakes after court case

The driver was 71 years old, illegal logbook, history of not following rules of safety, over weighted load, many hours over law prohibits[ time]but accident .....DRIVER slammed on brakes but not in time to prevent crushing car in front of him and dies, 2 yrs later inspector is being sued for... View More

William John Light
William John Light
answered on Jan 21, 2018

What is the question? Who is the inspector? A commercial garage? A state of CA employee?

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1 Answer | Asked in Probate, Wrongful Death and Estate Planning for California on
Q: My father was an established businessman but he died when I was 13. Any way to get compensation out of that financially

I never received anything

Richard Samuel Price
Richard Samuel Price
answered on Jan 29, 2018

Was there a probate action for your father's estate, or did he have a trust? You would inquire from his spouse or other children about his estate and what happened to it. You might also review the court records where he lived when he died to see if a probate action was filed.

2 Answers | Asked in Wrongful Death and Workers' Compensation for California on
Q: What should you do if workers comp has a lien on your file and is haulting your lawsuit even though the claim was denied

I was in an automobile accident and workers comp only accepted my neck and shoulder. My hip was also fractured but they denied that portion. I was taken off from work because of my hip and had to have surgery all through my own insurance. I sued for lost of wages because of my hip but now there’s... View More

William John Light
William John Light
answered on Jan 16, 2018

Your attorney should be answering these questions and/or challenging the workers compensation lien in court.

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5 Answers | Asked in Wrongful Death for California on
Q: My brother was struck and killed by a motorist in CA. Why is a lawyer contacting me with a claim?

My brother was 46 years old. Our family did not contact lawyers. The lawyer who called me did not tell me who was filing the claim or who it was against. Am I being sued? If so, how would I be responsible??

Cory Russell Weck
Cory Russell Weck
answered on Jan 12, 2018

I'm sorry for your loss. Were you contacted in writing? If so it would be helpful to know what the language says exactly to point you in the right direction. It would be unethical for a lawyer to reach out to you to solicit a case, but unfortunately happens. More information about what was... View More

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3 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: My brother died at his baby's mother's house on Sunday they did nothing to help him can I press charges on then

My brother died on the 31st his children mother did nothing to get him care we sent an ambulance to get him medical treatment and she sent them away can I put her I jail or file charges on her he had to call 911 himself

Dale S. Gribow
Dale S. Gribow
answered on Jan 10, 2018

you can call local police and if they do nothing contact DA for an investigation.

truly need more info but if he was bleeding to death or heart attack untreated it is akin to a homicide in my eyes.

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1 Answer | Asked in Wrongful Death for California on
Q: A wife signs a gag clause in a lawsuit settlement over the death of her father...does it apply to her whole family?

She is the only one named in the lawsuit, but the defense lawyers added the word family to the settlement as to who is gagged. If only the wife was on the lawsuit, and none of the family members were, can they legally gag all of them? How would that be enforceable if none of the other family... View More

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

The confidentiality clause applies to the people who signed the agreement. There may be wording about relatives, but that is speculation. Nevertheless, if you, or others, think you can safely disparage the defendants or disclose the terms of the settlement, you might be mistaken. Although you... View More

3 Answers | Asked in Wrongful Death for California on
Q: Can I file a wrongful death claim against my neighbor if they admitted to poisoning my dog?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 21, 2017

You can bring a civil lawsuit, but wrongful death is a specific type of claim involving deaths of humans.

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1 Answer | Asked in Wrongful Death for California on
Q: I have a friend who kicked his brother in the balls with his head and now hes dead. Ur advice?

They were only kids tho but both are in there 20 S

William John Light
William John Light
answered on Dec 8, 2017

How does one kick with his head?

4 Answers | Asked in Wrongful Death for California on
Q: Can a hospital be sued for wrongful death or do you sue for medical malpractice in that instance?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 4, 2017

In that instance they are the same, so long as the death resulted from the provision of health care (which is a standard which can be a little tricky in some cases). Wrongful death caused by medical malpractice. The action is subject to the medical malpractice rules.

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