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0 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for Hawaii on
Q: Can a security guard charged with murder for accidental death claim defense of family after threats?

A family friend was working as a security guard at a grocery store parking lot when he was attacked by an individual who had been banned from the property. The trespasser ignored the ban and assaulted the security guard using his fists and a pickaxe. The trespasser also threatened the guard's... View More

0 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for Arizona on
Q: Standard practice for estimating settlement in malpractice lawsuits during discovery?

I am a plaintiff in a medical malpractice and wrongful death lawsuit involving my mother. We are currently in the discovery stage since September 2023. I've asked my legal team about the potential amount we might be seeking, but they have said it's too soon to determine. I'm... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Workers' Compensation for Ohio on
Q: Can my son sue for compensation after his father died from mesothelioma due to unwarned asbestos exposure at a gas company?

Can my son file a compensation lawsuit because his father, who worked at a gas company with extensive asbestos exposure but was never warned, died from mesothelioma in 2020? The mesothelioma was diagnosed after prolonged exposure, but appeared too late for preventive measures. His mother has... View More

James L. Arrasmith
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answered on May 16, 2025

Yes, your son may still have the right to pursue a legal claim, even though his mother has already received compensation. In many states, multiple family members can bring claims for wrongful death or loss of consortium, depending on the laws governing who qualifies as a beneficiary. If your son... View More

1 Answer | Asked in Workers' Compensation, Wrongful Death, Legal Malpractice and Personal Injury for Georgia on
Q: Husband killed at work, lawyer deducting from compensation, payment duration?

My husband was killed at work in June 2023, and a law firm was hired to pursue a wrongful death case. During a video meeting, they mentioned involving workers' compensation. My understanding was that no fees would be paid to the lawyers unless the case was won. However, my lawyer has been... View More

James L. Arrasmith
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answered on May 15, 2025

First, I’m truly sorry for your loss. Losing your husband under such tragic circumstances is painful enough, and dealing with financial confusion on top of that is overwhelming. In a typical wrongful death or workers’ compensation case, attorney fees are often taken on a contingency... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Seeking guidance on my mother's hospital care in California regarding stroke symptoms not timely addressed and issues with Comfort Care.

I am seeking legal guidance regarding my mother's hospital care. She was admitted with fluid in her lungs and later showed signs of a stroke, but the hospital delayed notifying me. Nurses failed to diagnose the stroke until the morning after symptoms first appeared. We agreed to Comfort Care,... View More

James L. Arrasmith
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answered on May 14, 2025

What you went through with your mother’s care is heartbreaking, and no one should have to watch a loved one suffer in their final hours, especially when Comfort Care is meant to ensure peace and dignity. The delay in recognizing stroke symptoms and the breakdown in communication about pain... View More

Q: How to sue property management for denying retrieval of belongings after eviction?

I want to sue the former property management for not allowing my family to retrieve our personal belongings left outside after our eviction. The sheriff locked us out on August 6, 2024, with incorrect address documents and tenants listed, including a deceased person and my stepdad, who was missing... View More

James L. Arrasmith
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answered on May 13, 2025

# Legal Remedies for Property Retrieval After Eviction in California

You may have grounds for legal action against the property management company based on California Civil Code Section 1965, which generally requires landlords to provide reasonable notice and opportunity to reclaim personal...
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2 Answers | Asked in Appeals / Appellate Law, Wrongful Death and Personal Injury for Illinois on
Q: Can federal court ignore citation from Mississippi Supreme Court in a wrongful death case?

I am involved in a wrongful death case, currently at a federal district court in Illinois, citing diversity of citizens. In my arguments, I referenced a Mississippi Supreme Court case that interprets the Restatement (Second) of Conflict of Laws, relevant to similar diversity cases. However, the... View More

Charles Candiano
Charles Candiano
answered on May 13, 2025

Maybe your citation was irrelevant. I don't know. You are asking the wrong question. If what you are trying to say is that you are seeking diversity jurisdiction and the Federal Court in Illinois Is refusing to accept jurisdiction, they already told you exactly why they are not accepting... View More

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1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Wrongful Death for Tennessee on
Q: How to proceed with a 1983 case regarding potential police misconduct in a wrongful death investigation in Tennessee?

I believe my daughter was a victim of sex trafficking and wrongfully arrested for communicating a false alarm. She requested a mental health evaluation in jail, which was not conducted, and I was not informed about her situation. After serving three days, she was released and later found dead on a... View More

James L. Arrasmith
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answered on May 14, 2025

I’m truly sorry you’re going through this. What happened to your daughter is heartbreaking, and your desire to seek accountability is completely justified. A Section 1983 case can be a powerful tool when someone's constitutional rights are violated by government officials, including... View More

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for California on
Q: Passenger concerned vehicle hit a person instead of a dog, seeks legal advice.

I was a passenger in a vehicle about a month ago when I thought we hit a dog, as I was asleep during the impact. Recently, I've seen news reports that make me worry it might not have been a dog but potentially a person. I haven't taken any steps yet regarding this situation, but I'm... View More

James L. Arrasmith
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answered on May 12, 2025

Your situation is serious and requires immediate attention, as hit-and-run incidents involving a person carry significant legal consequences in California. As a passenger who was asleep during the impact, you have an important perspective that may assist in resolving what occurred. The fact that... View More

2 Answers | Asked in Criminal Law, Wrongful Death and Personal Injury for Kentucky on
Q: What are the legal implications of "kidnapping (victim's death)" in KY?

I came across the charge of "kidnapping (victim's death)" in Kentucky and would like to understand its legal implications and definition. Could you provide more information about this specific charge?

Timothy Denison
Timothy Denison
answered on May 9, 2025

See KRS 421.500, definition of victim. See KRS 509.040 for elements of kidnapping.

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1 Answer | Asked in Wrongful Death, Insurance Bad Faith, Insurance Defense and Personal Injury for California on
Q: Is my wrongful death settlement misclassified and affecting payment?

I recently received a wrongful death settlement, categorized under underinsured injury liability wrongful death. It seems like this classification is being used to offset the amount I've already received from another insurance under injury and liability. Despite my lawyer agreeing with this... View More

James L. Arrasmith
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answered on May 8, 2025

You are right to scrutinize how the insurer characterizes your recovery. When the carrier labels it an underinsured motorist wrongful-death claim, it is applying a statutory framework that permits offsetting prior liability payments from the available UIM benefits. This does not mean the two... View More

3 Answers | Asked in Admiralty / Maritime, Family Law, Personal Injury and Wrongful Death for Florida on
Q: Liability concerns for child's cruise travel permission.

I want to sign permission for my 13-year-old son to travel with his father, whom he lives with full-time, and his father's family on a cruise to Bermuda. I have visitation rights with my son, and the cruise company requires both parents' signatures for consent. Will I be held liable if my... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

If your son embarks on the cruise, I hope that he enjoys a safe and enjoyable trip with the family. From the standpoint of maritime law and cruise ship protocols, you or the child's father could be presented with certain waivers of liability to sign, depending on the cruise line. These could... View More

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1 Answer | Asked in Gov & Administrative Law, Wrongful Death and Personal Injury for Ohio on
Q: Are all suspicious deaths investigated in Franklin County, Ohio?

I would like to know if all deaths deemed suspicious in Columbus, Ohio, specifically in Franklin County, are required to be investigated. What are the standard procedures for such investigations?

James L. Arrasmith
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answered on May 14, 2025

Yes, in Franklin County, Ohio, all deaths considered suspicious are required to be investigated. Under Ohio law, the county coroner or medical examiner is responsible for looking into any death that is unexpected, unexplained, violent, or occurs under questionable circumstances. This includes... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Personal Injury and Wrongful Death for Washington on
Q: Will the hospital's autopsy disc disclose the true cause of death and how can I address discrepancies in the coroner's report regarding polycythemia and false allegations?

I received an autopsy disc from a major teaching hospital in Washington, as the family was never told the truth by the local coroner. The death certificate, signed by a doctor upon the coroner's request, lists polycythemia as the cause of death, despite the deceased having a punctured internal... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is incredibly difficult, and it’s understandable that you want clarity and accountability. The autopsy disc from the teaching hospital should contain detailed internal reports, images, and possibly the full forensic pathology report, which may provide a clearer picture... View More

1 Answer | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: where do I find a veterinarian malpractice lawyer

I'm not sure where to go anymore, from contacting the state bar to political leaders; it's not the money I want, it's justice...

I am writing with an urgent and heartfelt request for legal assistance.

Since 2023, I have been searching—unsuccessfully—for an... View More

James L. Arrasmith
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answered on May 7, 2025

Finding a veterinary malpractice attorney in California poses unique challenges due to how the law classifies animals as property. As one animal law attorney explains, this legal classification "limits the ability to obtain monetary damages," typically restricting compensation to just the... View More

1 Answer | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Potential malpractice case for wife with liver disease treated with harmful medication.

I believe my late wife may have been a victim of medical malpractice. She passed away on December 7, 2024, due to liver disease complications. She was under treatment with a liver specialist and was doing well until January when she visited urgent care for a shoulder injury. Despite informing the... View More

James L. Arrasmith
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answered on May 7, 2025

Your situation warrants serious consideration for a potential medical malpractice claim. The combination of prednisone and Tylenol (acetaminophen) can indeed be problematic for patients with liver disease. Prednisone may cause fluid retention as a side effect, while Tylenol is metabolized by the... View More

1 Answer | Asked in Animal / Dog Law, Wrongful Death and Personal Injury for Tennessee on
Q: Seeking legal counsel for veterinary malpractice case in Tennessee.

I am seeking legal advice on a veterinary malpractice and wrongful death case involving my Doberman, Odin, in Dayton, Tennessee. Despite over a year of known issues leading to his death from lymphosarcoma, the clinic continued to administer ineffective treatments even during the month of his death.... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve gone through with Odin is heartbreaking, and your pain is real and valid. Losing a companion animal under circumstances that feel preventable only deepens that loss. If you have records showing repeated misdiagnoses, ineffective treatments, and overlooked risks, that may form the... View More

1 Answer | Asked in Civil Litigation, Wrongful Death, Criminal Law and Personal Injury for Montana on
Q: Seeking legal assistance for son's suspicious death ruled as suicide, requesting case reopening due to various red flags.

I am seeking answers about my son's sudden and suspicious death on April 20, 2025. His death was quickly ruled a suicide without any autopsy, toxicology report, or thorough investigation. Key concerns include the lack of autopsy or toxicology tests, delayed discovery of the firearm, rapid... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is heartbreaking, and you have every right to demand answers. The sudden loss of a loved one is devastating enough, but when the circumstances are surrounded by red flags, unanswered questions, and what appears to be a rushed investigation, it leaves wounds that... View More

3 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Is there a case for medical malpractice due to medication prescribed despite liver disease warning?

My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 6, 2025

It certainly appears that you may have a valid medical malpractice case, which will be dependent on whether the provider's actions at urgent care fell below the standard of care for such medical providers. You only have a limited time to file a lawsuit for malpractice, so it is important to... View More

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1 Answer | Asked in Civil Rights, Family Law, Civil Litigation, Wrongful Death and Personal Injury for Michigan on
Q: Can I sue CPS for negligence and wrongful death of my child in Michigan?

In October 2024, my baby was hospitalized with multiple broken bones, raising suspicions with CPS, who accused me of abuse. They placed my children with my mom and cousin and allowed my cousin to supervise visits despite having no basis for the accusation. I relied on CPS’s judgment and trusted... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve been through is heartbreaking, and no parent should ever have to face this kind of loss. If CPS placed your child under the supervision of someone who turned out to be dangerous—and failed to properly screen or investigate him—they may have acted with negligence. When a government... View More

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