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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for Texas on
Q: WHY DID NOT KNOW UNTIL TO LATE HAD MANY MRI CAT SCAN X RAYS MAYBE MAYBE NOT COULD OF FOUGHT WE OR THEY DONT KNOW NOW
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

I assume you are talking about cancer. Someone would have to review the medical records to determine if you failed to receive good medical care,

1 Answer | Asked in Wrongful Death for Texas on
Q: husband was in the hospital August infection on his spine never got out of the hospital Nov found cancer stage 4 died
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 11, 2022

You cant sue if he had cancer. I am sorry for your loss,

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Alabama on
Q: If a person is 19 years old and the fault person in a fatal accident who is responsible for the pain and suffering costs
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

In this instance, the at fault driver is responsible for the non-at fault driver's damages. The 19 year old (as opposed to a minor) is deemed to have capacity to be responsible for his actions.

1 Answer | Asked in Domestic Violence and Wrongful Death for Florida on
Q: In florida can I request an autopsy of my mother since I'm next of kin. There are legal reasons behind the matter

My mother was brutally beaten by her husband now ex. This took place less than a year ago. My mother was very healthy until he had beaten her and she was hospitalized. She had neurological damage, bleeding of the brain etc. I want to have an autopsy done to find the cause of death so that if it was... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 8, 2022

First, I would file a police report with the local agency who investigated the assault to put them on notice that your mother has died and you believe that it was caused by the first assault. There is a year and a day rule that most jurisdictions follow that establish that if a death occurs within... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Personal Injury and Wrongful Death on
Q: If some one commit crime under affermative defense what is criminal liability ?

According Ethiopia criminal law ? Ex in case of intoxicated person commit crime nethe negligence nor intended punished for public safty.what about in coercion ,necessity ,self defense

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2022

You would really need to consult with an attorney in Ethiopia for this. Your question straddles a number of categories. I can only speak for the personal injury-related one IN GENERAL TERMS. The criminal law attorneys here would have insight as to the criminal aspects of your post. In terms of the... Read more »

1 Answer | Asked in Wrongful Death for Alabama on
Q: Does new evidence extend the filing period in a wrongful death case.

If evidence is discovered 20 years after a wrongful death, can a civil case still be filed?

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr
answered on Feb 24, 2022

In Alabama, by statute any wrongful death tort action must be filed no later than two (2) years from the date of death.

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for New Jersey on
Q: Possible medical negligence or malpractice?

I need advice.. My Father passed away on February 1. He had health conditions but his death was unexpected. Mid-January he had a nephrostomy done. The hospital refused him anesthesia for it because a COVID test was not done then gave him a fentanyl drip instead. I think the effects from this is... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

I'm very sorry for the loss of your father. For your question as to whether to pursue, that's a personal decision and it could additionally hinge on whether a law firm identifies the basis for a medical malpractice claim - that generally involves the input of an opinion from a medical... Read more »

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Michigan on
Q: Are OPO's legally able to remove organs from a registered organ donor who's body is under investigation into COD

Body of deceased was under county jurisdiction. Autopsy was to be performed to determine cause of death, but kidneys and liver were taken prior to autopsy. No samples of either organ were provided to Chief Medical Examiner. COD still undetermined. Autopsy was performed missing two vital organs. Is... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Feb 15, 2022

It might depend on the circumstances involving the death that required a particularly level of autopsy, and whether or not the CME authorized release.

1 Answer | Asked in Car Accidents and Wrongful Death for Illinois on
Q: Is there a time frame for suing for Wrongful Death?

I lost my entire family when a Semi Truck driver ran over their car from behind. I had an attorney who took advantage of my grief coaxing me to settle for a outrageously low amount. He didn't follow through with the suits he had promised and it has bothered me through the years.

Charles Candiano
Charles Candiano
answered on Feb 13, 2022

You must file suit within 2 years. That said, once you signed the Release in exchange for the money, you lost the ability to sue. The situation that you describe is the "Holy Grail" of personal injury attorneys because most commercial semi's have virtually unlimited insurance. It... Read more »

1 Answer | Asked in Wrongful Death for Tennessee on
Q: Does a Tennessee State Trooper have a duty to perform CPR at a traffic stop if the driver goes into cardiac arrest?

28 year old male was stopped by a Tennessee state trooper for a seat belt violation and someone was on the phone on speaker telling the officer the driver had a history of heart failure, and pleading with him to perform CPR immediately because he was gasping for air. He couldn't speak or... Read more »

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

The scenario you are mentioning does suggests not only awful behavior by the policeman, but potential culpability. The police officer's culpability, which could be criminal or civil, with damages to the family for wrongful death, relies on whether the officer properly owed a duty of care to... Read more »

1 Answer | Asked in Wrongful Death for Tennessee on
Q: How do I find auto policy limits AND umbrella policy limits for an at fault driver in TENNESSEE
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 11, 2022

Normally you sue the Defendant. Sometimes the other side will disclose their insurance, but they do not have to. Hopefully they had insurance that covered the wreck, which you will quickly find out after service of the Complaint.

1 Answer | Asked in Wrongful Death for Michigan on
Q: What are a personal representative's rights and means for acquiring the decedent's medical and other records?

If a family member dies under suspicious circumstances and we want to uncover wrong-doing and negligent treatment by officials and care-givers, what are our rights in demanding all records associated with the decedent's medical treatment? We want records from public mental health agencies... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

It's going to take a lot, and you'd probably be wise to hire an attorney to help you undertake all that and to do it properly.

You're not getting judge's notes, however. But most everything else, there is a way - through HIPAA or FOIA.

1 Answer | Asked in Criminal Law, Family Law and Wrongful Death for Puerto Rico on
Q: My father died in Puerto Rico he build a home for us but he has people living inside what can I do to get the home
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 9, 2022

The first step to taking possession of the real estate property is by establishing whether your late father had granted his Last Will and Testament before dying. Else, I would recommend going before the Puerto Rico courts to petition a declaration of heirs. Once either the Will or the court's... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Texas on
Q: Is there a direct phone number for the Texas Court of Appeals? I can’t locate itTrying to find testimony from old case

This was a murder trial in which xx was convicted for the murder of xx

George was my BIL. My sister was too emotional to attend the trial, but is wanting to read testimony, if it can be found

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

The first thing you need to know is whether or not there was an appeal, and if so, which court handled the appeal. If you are researching an old case, try to find a "notice of appeal" document in the trial court file at the District Clerk's office in the county where the trial was... Read more »

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Litigation for Texas on
Q: HiI’m trying to find the complete testimony from the Zani trial, 1981, Texas. It’s very personal

He was convicted of murdering my BIL, xx, in 1967. It’s a landmark case for allowing hypnosis to be allowed as evidence. How do I get a copy of the testimony, or can it be accessed ??

Thanks,

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

If the case was appealed then some or all of the transcript may have been filed with the court of appeals.

1 Answer | Asked in Personal Injury, Intellectual Property and Wrongful Death for Washington on
Q: I am experiencing a surplus of things people don’t know I need to sue and don’t have money i need help pls.

I have been hurt and can’t find the right help .

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

A Washington attorney could advise best, but your question remains open for a month. I'm sorry you were hurt. Without knowing the details of how it happened, it's difficult to offer meaningful direction. One option is to reach out to Washington personal injury attorneys to review your... Read more »

1 Answer | Asked in Energy, Oil and Gas, Environmental, Personal Injury and Wrongful Death for New York on
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill

I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.

1 Answer | Asked in Wrongful Death for New York on
Q: Wrongful death

This question is about a wrongful deaths caused by a home health aide with a private agency. The agency has not reported the accident to New York State regulatory boards. We already know they do not intend to report it. If it is reported by the family or anyone else does it help or hinder a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 3, 2022

So sorry for your loss. If the death is reported by the family or someone else, it could potentially affect a wrongful death lawsuit depending on what they say. Assuming the report is not confidential, what they say to the NYS Department of Health would arguably be relevant and therefore... Read more »

1 Answer | Asked in Car Accidents, Federal Crimes, Personal Injury and Wrongful Death for Missouri on
Q: What can be done to help a mother find some justice for the death of her son?

Last april a man driving without a license, without insurance, in an truck he’d had for nearly a month without registering it properly turned left into oncoming traffic. He struck and killed a man and seriously injured a woman on a motorcycle. Even with prior charges in another state for driving... Read more »

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

I'm so very sorry for your loss. In rare circumstances, it is possible to seek damages from the state itself (e.g., police and others acting as its agents). This is called the public duty doctrine, and its application depends on the particular statutes/court cases of a particular state. Under... Read more »

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