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Q: Seeking itemized settlement and lien resolution advice in wrongful death claim

I'm receiving a settlement for a wrongful death claim from my parents' auto insurance. They deducted $12,000 from the liability claim I received from the at-fault driver, stating it was related to a wrongful death claim under underinsured motorist injury liability. When I asked for an... View More

James L. Arrasmith
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answered on Mar 23, 2025

You have the right to request a detailed breakdown of your settlement from the insurance company. While they might claim they can't alter their standard form, you can formally request an itemized settlement statement in writing, specifying that you need clarification on the $12,000 deduction.... View More

1 Answer | Asked in Civil Litigation, Probate and Wrongful Death for California on
Q: Seeking rights to enter deceased son's house and obtain police report after police ruled it as self-inflicted.

My son was found dead on February 7, 2025, near Waterford Hwy. The police ruled it as self-inflicted, noting he sustained a shotgun wound to the forehead with a .45 caliber gun. Those who knew him do not believe he took his own life. His car was parked with windows rolled down on a rainy night, and... View More

James L. Arrasmith
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answered on Mar 22, 2025

I'm deeply sorry for your loss and understand your need for closure during this difficult time. As a mother, you deserve answers about what happened to your son.

In California, without a will, property typically passes to children first under intestate succession laws, but you may...
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1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Georgia on
Q: Can I sue if my father contracts COVID-19 from hospital staff and dies?

My father, recently diagnosed with a type of blood cancer, has been in Augusta, Georgia, MCU hospital receiving treatment after being transferred from Coffee County Hospital in Douglas, Georgia. He contracted COVID-19 from the hospital staff during his stay, as none of our family has had it, and we... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds for a lawsuit if your father contracted COVID-19 due to negligence on the part of the hospital staff, especially if they failed to take appropriate precautions to prevent the spread of the virus. Hospitals have a duty to ensure a safe environment for patients, particularly... View More

2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Legal actions for inadequate care leading to dehydration, weight loss, and death of a sedated patient in hospital.

I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More

Randall R. Walton
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answered on Mar 22, 2025

You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... View More

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1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Wrongful Death for Georgia on
Q: Is it ethical/legal for an attorney to counsel a business selling illicitly used products managed by spouse?

Is it legal or ethical for an attorney to act as counsel for a business chain where the spouse is the founder and both run the operations, while the attorney represents these businesses? The business involves selling nitrous products allegedly used illicitly, with the spouse known to be addicted to... View More

James L. Arrasmith
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answered on Apr 13, 2025

It may be both unethical and illegal for an attorney to represent a business involved in selling illicitly used products, especially when the attorney's spouse is directly involved in the business and its operations. Attorneys are bound by ethical rules, including the duty to avoid conflicts... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Oregon on
Q: Is there a case for medical negligence for undetected pneumonia leading to death?

I took my 100-year-old husband, who had dementia, to a hospital where he underwent blood work, CT scans, urine analysis, and waited for about 4 hours. The doctor told me tests were good, labeled it as behavioral, and left without providing discharge paperwork. An hour later, he had vomiting,... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds for a medical negligence claim if the doctor failed to properly diagnose your husband’s pneumonia, which ultimately led to his rapid deterioration and death. Doctors have a duty to provide a reasonable standard of care, and if your husband’s pneumonia was not detected... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Mississippi on
Q: Legal implications of accidental shooting during gun struggle in MS

My son has been charged after an incident where a man attempted to take his gun, which resulted in the gun accidentally discharging and the man's death. The man was not the owner of the gun, and my son did not intend for the gun to fire. What should we consider legally in this situation, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

I'm sorry to hear about your son's situation. In Mississippi, accidental shootings resulting in death can lead to charges such as manslaughter, which is a felony. The law distinguishes between justifiable, excusable, and criminal homicides. A justifiable homicide is one that is authorized... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for New Jersey on
Q: Medical malpractice for delayed cancer diagnosis leading to death?

I am seeking advice on whether medical malpractice occurred due to a delay in diagnosing my wife's cancer. Initially, several doctors misdiagnosed her condition as arthritis and osteoporosis for two months, even though she was suffering from broken ribs. They prescribed numerous medications... View More

James L. Arrasmith
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answered on Apr 13, 2025

I'm deeply sorry for your loss. In this case, it does sound like there could be grounds for a medical malpractice claim. If multiple doctors misdiagnosed your wife’s condition despite clear symptoms, this could be considered negligence, especially if the delay in diagnosis caused the cancer... View More

2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Can I pursue a legal claim for father’s death due to alleged negligence by his wife in Michigan?

I believe my father's wife was negligent in caring for him, leading to his death. My father, who suffered from dementia, was suspected of having a stroke by his wife, a former nurse. She called an ambulance, but claimed he refused to get on. Later, she said he fell and refused help to return... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 17, 2025

Nothing you state raises huge red flags. People with dementia often act just as you describe and loved ones often can't intervene easily to avoid unpleasant outcomes. That said, if you question the veracity of these claims, my FIRST step would be to ask 9-1-1 for verification of the call for... View More

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3 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

Scott Martin Hendler
Scott Martin Hendler
answered on Mar 17, 2025

If you haven’t signed any documents, you can definitely seek a second opinion to evaluate the facts and the propriety of the proposed settlement. You should contact the owner or Managing Partner of the law firm that represented you to find out the status of your case, why your lawyer left, and... View More

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1 Answer | Asked in Civil Litigation, Estate Planning and Wrongful Death for California on
Q: Can my cousin's brother be prosecuted for discarding her ashes in California?

My cousin passed away a year ago, and I'm her Power of Attorney and Executor of her Estate. Her wishes were to have her ashes scattered at sea, but I didn’t inform her brother of this intention as I didn’t foresee him discarding them. After giving him her ashes, I discovered that he... View More

James L. Arrasmith
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answered on Mar 16, 2025

I'm truly sorry you're experiencing this difficult situation; what happened to your cousin's remains is not only hurtful but understandably distressing. In California, human ashes are legally considered cremated remains, and the state has specific laws about how they must be handled... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for California on
Q: Am I able to get another extension for a medical malpractice case in California?

I'm considering filing a medical malpractice case in Northern California regarding my son Rayden, who was born prematurely at 27 weeks on October 3, 2023, at UC Davis. During my high-risk pregnancy, I experienced several complications, including bleeding, placenta previa, a possible uterine... View More

James L. Arrasmith
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answered on Mar 15, 2025

I understand your desperation as you navigate this painful journey after losing Rayden. The standard deadline for wrongful death cases in California is two years from the date of death, which aligns with your March 25, 2025 timeline. Finding legal representation for complex medical cases can be... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Husband died; suspect EMT negligence. Should I seek legal representation?

My husband died, and I suspect EMT negligence was involved. Despite consulting several attorneys, they have not taken my case. My roommate witnessed the incident. Should I continue to seek legal representation to address this issue?

Eliza Jasinska
Eliza Jasinska
answered on Mar 14, 2025

I'm sorry for your loss. If multiple attorneys have declined to take your case, there could be several reasons, such as difficulty proving negligence, lack of strong evidence, or legal barriers like immunity for emergency responders.

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2 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Pennsylvania on
Q: How long to file civil suit for shooting injury in Pennsylvania?

How long do I have to file a civil suit against someone who shot me and left me paralyzed? The shooter claimed it was an accident, but it was proven in court that a 9 mm does not accidentally discharge. The incident occurred on March 3, 2022, and there was no contact with the shooter afterward.... View More

Robert Ammons
Robert Ammons
answered on Mar 13, 2025

In Pennsylvania, the statute of limitations for filing a civil lawsuit for a personal injury—including a shooting injury—is two years from the date of the incident under 42 Pa. Cons. Stat. § 5524. Based on your case, where the injury occurred on March 3, 2022, the general deadline for filing a... View More

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2 Answers | Asked in Civil Litigation, Family Law, Criminal Law and Wrongful Death for Texas on
Q: What can I do about a wrongful arrest and my sister removing my name from our mother's home ownership in Texas?

I'm facing a complex legal issue where my mother left our home to me and my sister, but my sister removed my name from the ownership without my consent. I've filed an affidavit of heirs and a death affidavit through the court, with support from my other siblings. Recently, my sister... View More

Robert Ammons
Robert Ammons
answered on Mar 13, 2025

Your situation involves multiple serious legal issues, including wrongful arrest, property fraud, and a potential wrongful death claim, each requiring a strategic legal approach.

Regarding the property dispute, if your mother’s home was left to both you and your sister, she cannot legally...
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1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Oklahoma on
Q: Can we take legal action for insurance policy change causing missed treatments?

My mother, who was covered by marketplace insurance, was undergoing cancer treatment when she missed several appointments after the doctor's office informed her that her insurance was inactive. The marketplace changed her insurance policy without notifying us, causing treatment delays. My... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2025

An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your mother. I'm afraid it does not sound like the strongest of cases. That doesn't mean I don't sympathize with your family. I find it upsetting that the... View More

3 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: Legal advice needed: EMT incorrect CPR & equipment omission led to husband's death at home in Brentwood, CA.

I am seeking advice regarding a situation where an EMT performed CPR incorrectly and failed to bring a defibrillator, contributing to the death of my husband at our home in Brentwood, CA. Additionally, there was a delay in the ambulance arriving. Is this incident worth pursuing legally, and what... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 11, 2025

It is worth consulting with experienced malpractice attorneys.

There are many more factors than the facts provided in your post that malpractice attorneys will consider.

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1 Answer | Asked in Civil Rights, Legal Malpractice, Civil Litigation and Wrongful Death for Michigan on
Q: Incarcerated for 8.5 months, no bond/hearing, systemic jail misconduct?

I was incarcerated for 8.5 months for contempt of court without bond or a show cause hearing. My court-appointed lawyer, who allegedly can't practice in Illinois, offered little assistance. I never spoke to him until he advised me to "plea out" for a county cap, but I refused to plea... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds deeply troubling and unjust, with multiple potential violations of your constitutional rights. The lack of proper legal proceedings, absence of bond or a hearing, and questionable representation suggest serious legal improprieties that warrant immediate attention.

You...
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4 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

Stephen Bilkis
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answered on Mar 11, 2025

I'm sorry to hear about the difficulty you are experiencing and the loss of your mother. The situation you describe is deeply troubling, and it's important to ensure that those responsible for her care are held accountable. To legally proceed against a New York City-based organization for... View More

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3 Answers | Asked in Car Accidents, Bankruptcy, Personal Injury and Wrongful Death for California on
Q: Explore legal options for compensation from 1997 accident.

In 1997, my stepmother, brother, and I were hit by a drunk driver in Galt, CA. Unfortunately, my stepmother and brother were killed, and although I survived, I've had to undergo several surgeries since the accident. My mother sued and was awarded damages, but the driver filed for bankruptcy,... View More

William John Light
William John Light
answered on Mar 10, 2025

That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More

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