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Wrongful Death Questions & Answers
0 Answers | Asked in Criminal Law, Elder Law and Wrongful Death for Louisiana on
Q: I am trying to talk to the police or detective about a crime that was committed by a aide who neglected my mother

My mother created this bad bed so red that put her in the hospital 2 times and my mother passed away based upon that bed sore the cause of death was that bed score the aide was stealing my mother money food stamps and stealing my mother pills and selling them my mother was 73 years old this aide... Read more »

0 Answers | Asked in Criminal Law, Federal Crimes, Personal Injury and Wrongful Death on
Q: If an LEO refuses to perform first aid on a victim/suspect, can they be charged for negligence or other crimes?

I'm studying about various police forces around the world, and I would like to know as in Canada it is a chargeable offense for any appointed LEO official to deny basic first aid/care to a wounded victim or even a suspect.

Is there a duty for that California officer to act on this?... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for Wyoming on
Q: If my brother died by suicide while on probation and in treatment, can we sue them for emotional damages?

They exacted a warrant illegally on my parents house, took kids with no cause, and convicted my mom and brother. Even though my brother admitted to all in the house, they still charged my mom n convicted her under coersion.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

This would be a tough case for a number of reasons dealing with proof, showing the cause was that and not an underlying issue. Suggest you contact the Wyoming Civil Liberties Union, ask for their prison rights group, ask them for the names of some of their "cooperating attorneys." Those... Read more »

1 Answer | Asked in Wrongful Death for Georgia on
Q: My mother was killed by cartersville medical center on June 15, 2018. They gave her to much potassium. How can I sue.

This is wrongful death, they caused her cardiac arrest.

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

You should seek out legal counsel and provide them with the medical records to review. This will be a Medical Malpractice case which requires showing the doctors/nurses breach the standard of care and caused injury to the patient as a result of that breach. If the attorney believes there was a... Read more »

2 Answers | Asked in Wrongful Death and Family Law for Oklahoma on
Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

You will need to hire an attorney to investigate all these issues. Hospitals are usually very stringent on the POA because a general POA normally does not include medical issues. Consult with an attorney sooner than later.

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0 Answers | Asked in Wrongful Death and Family Law for Oklahoma on
Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I first have to ask why? Tx will allow me 5 yrs to charge a man with robbing my house. But a doctor can

Overpump me with inducing meds till I rupture killing baby and I. Leaving broken parts inside causing terrible pain and years of torture and irreparable damage to my health though I have no clue for years later cause I’m no doc…….. how come I can only do something for two years ?????

Leroy Scott
Leroy Scott answered on Sep 8, 2021

The two-year period starts from the day you knew or should have known (if you had looked into your symptoms to see what was wrong) that the doctor had left something inside you, not from the date that the doctor actually left the parts in you. In other words, it is 2 years after you discovered that... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

0 Answers | Asked in Wrongful Death for Arkansas on
Q: at the time of moms death my father called 911 and requested and ambulance twice and they didnt show for 40 mins; legal?

ambulance went to the wrong flat rock, which was across town from where my mother died, EMS wasnt properly trained and should of used the gps that they have synced to our phones for that reason and should of only took them 5-10 mins tops to get to my mom.

0 Answers | Asked in Wrongful Death for Arizona on
Q: Is my apartment association liable for my dogs death because of their use of herbicide?

My dog got very sick suddenly and was rushed to ER. They suspected toxic poisoning and we found out our apartment sprayed weed killer a day before that my dog ate. They never have notice of use of the spray and it’s supposed to be a dog friendly community. She got to sick and we needed to put her... Read more »

0 Answers | Asked in Criminal Law, Domestic Violence and Wrongful Death for Nevada on
Q: How can I find a pro Bono attorney for dv against my son who was in a realitionship with a woman who's pimp attack him a

And 3 yrs later has murdered our oldest son and his family and his gang have made death threats against my family

0 Answers | Asked in Medical Malpractice and Wrongful Death for Ohio on
Q: My daughter died February 09 2020 at OSU Wexner Medical center Ohio, how can her death certificate be amended

Ohio could not test for Covid 19 when she died, her case meets the CDC expanded definition of a probable cause case, I have plenty of documents and research to back this up but iam unsure how or who to go about getting help, I've contacted the CDC and ODH and neither return my calls

0 Answers | Asked in Wrongful Death for Arizona on
Q: My daughter died on 5/5/2020 due to false positive covid 19 test. There was a mix up at the lab with her& another perso

The physician on duty was an intern& he decided to take her off of ventalator due to her positive covid test. Which wasnt accurate, the nurses never re-tested her for covid 19. death certificate cause of death is stated complications due to fentanyl and methamphetamines..

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful.... Read more »

1 Answer | Asked in Wrongful Death for Maryland on
Q: What evidence of authority does a parent have to present in order to file a wrongful death claim for child of 18?

Also, if the estate hasn't been opened, does it affect the statute of limitations?

Mark Oakley
Mark Oakley answered on Aug 7, 2021

There is no prerequisite evidence of authority required to file a wrongful death claim for the loss of your child. If your assertion of parentage is challenged, then the birth certificate of your child showing you as a parent would be the obvious proof to use in response, but other evidence too... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Utah on
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.

My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 22, 2021

A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that... Read more »

2 Answers | Asked in Wrongful Death for Maryland on
Q: Does the SOL get stayed until an estate is opened for a survival action?

In a survival action, does the SOL start to run when the estate is opened or when the death occurs? Does equitable tolling apply?

Mark Oakley
Mark Oakley answered on Aug 4, 2021

No, the SOL begins to run from date of accident or negligent act or omission that caused the injury leading to death, not from the date of death itself if the death occurred later. There are exceptions, usually under the "discovery" doctine, or where the decedent was under the age of 18... Read more »

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1 Answer | Asked in Wrongful Death for Maryland on
Q: Does a parent have to be appointed by a Court to bring wrongful death suit of intestate child? Or is it automatic?

If a child dies intestate, can the divorced parents independently file wrongful death claims on their own without an executor/personal representative/administrator? Or does one have to be appointed by the Court on behalf of the estate to file? Where do I find information about this?

Mark Oakley
Mark Oakley answered on Aug 4, 2021

No, but all persons within the class of persons who are entitled to bring the action must be joined in the same action, or they must elect to be excluded from it. For instance, each of the divorced parents of the deceased child cannot bring their own separate actions. There can only be one case... Read more »

1 Answer | Asked in Wrongful Death for Colorado on
Q: Can a parent sue for damages in a wrongful death case to Colorado

Can a parent sue for damages in a wrongful death case in Colorado

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

The spouse has the exclusive right, and if no spouse the parents. Why not call a member of the Colorado Assn for Justice like Franklin Azar a call? They give free consultations. Feel free to use my name.

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