Get free answers to your Wrongful Death legal questions from lawyers in your area.
Your current state is Ohio
I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?
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answered on Apr 17, 2023
Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More 
he died from nasal cavaty cleaning that went to far and hit his brain he bled out and died.
answered on Apr 13, 2023
Not all bad results are malpractice, the health care provider must have acted below the standard of care. What you describe does sound like malpractice but a doctor would have to confirm the breach of the standard of care. Consult with experienced medical malpractice attorneys in your state.
answered on Apr 9, 2023
You might start by contacting an attorney who handles estate/probate law.
answered on Apr 6, 2023
i think this is the question i just spent an hour discussing with you.
one of the biggest issues will be that the victim was 89 and one would not expect to have economic damages. Thus you would be limited to statutory amounts.
most of the lawyers I know will not take a med mal worth... View More
My 83 yr old Dad was in a local nursing home, positive for Covid on 3/23. Told multiple times he was good. Visited on 26, I asked nurse how he was, told fine but I found him unresponsive. I asked for help with him but only nurse was giving meds and none of 3 CNA at desk would answer when used call... View More
answered on Apr 5, 2023
This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.
I believe I have a medical malpractice suit but need to have a review done before I can move ahead however I'm not sure how to do so
answered on Apr 2, 2023
Hire an attorney. If you do not have an attorney hire and communicate with the expert, your communications may not be privileged.
There are many ways to find experts, including searching online, past case investigation, expert services, nursing consultants, etc
The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.
Thank you,
Claudia
answered on Mar 27, 2023
So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... View More
answered on Mar 23, 2023
18 - 36 months. Although I do still have four pre-COVID cases pending set for trial later this year.
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... View More
answered on Mar 22, 2023
Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive)... View More
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
answered on Mar 17, 2023
You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline
You can speak to an attorney who is familiar with medical malpractice and Elder... View More
Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will
answered on Mar 16, 2023
I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.
In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... View More
A wrongful death lawsuit has been filed is his dad entitled to half the payout in the lawsuit?
answered on Mar 14, 2023
Sorry to hear that. Being in prison should not disqualify the father from receiving his fair share, assuming his parental rights have not been terminated, but his fair share is not automatically half. His relationship to his late son is one of the factors to be evaluated.
I'm... View More
Bayer has been fined and sanctioned by the Justice Dept. and other government agencies any number of times, including recent ones regarding various products they produce and which have caused harm.
answered on Mar 7, 2023
Bayer makes a lot of different products from pharmaceuticals to seeds.
I would think to establish a pattern relevant to a particular suit the fines would need to involve the same product and the same or similar behavior as in your pending lawsuit.
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... View More
answered on Mar 4, 2023
Typically, if the child is an adult, the adult child himself/herself should have appeared as a plaintiff.
Typically, the biggest damages awarded in a wrongful death case are loss of consortium and loss of inheritance.
Loss of consortium is another way of saying the companionship and... View More
My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... View More
answered on Feb 28, 2023
It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Consult with experienced attorneys. Use Justia search to find an attorney.... View More
Wrongful death suit in state of mo.
Over 18 at time of marriage to biological father, therefore not adopted
Listed in stepmothers will as her children
answered on Feb 27, 2023
No. If not legally adopted they would not be considered a child.
This occurred in ARKANSAS. The only information the commission had was a description of my experience, supported by transcripts of the hearings and information I provided regarding an Independent Medical Evaluation which the judge approved for me to obtain at the second hearing. Do I have the... View More
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answered on Feb 20, 2023
As an individual, you generally have the right to free speech under the First Amendment of the United States Constitution, which applies to all states, including Arkansas. However, there may be certain limitations or exceptions to this right in certain situations.
If you filed a complaint... View More
I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the... View More
answered on Feb 13, 2023
First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.
Second, with respect to your specific question the answer is that it depends. Everything should be documented in the... View More
I know the suit was filled by my Grandmother/Uncle/Aunt and Mother for the death of my Uncle that drowned in Loran Ohio, I believe the ore ship was out of Escanaba, MI.
answered on Feb 10, 2023
Go to the records department of the clerk of the court where the lawsuit was filed. You should be able to search by the case number or by the legal name of one of the parties.
My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power... View More
answered on Feb 13, 2023
Assuming no personal representative has been appointed for your father's estate, your mother is entitled under Indiana law to obtain the records. Below is the code cite/law that supports your mother's right to obtain the records. (Sometimes medical providers will require an affidavit or... View More
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