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Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Wrongful Death for Georgia on
Q: 16month old child drowns in bathtub while mom who is actively cooperating with a drug investigation not charged

Multiple drugs were photographed in plain site.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 23, 2024

Any time a child dies, it's tragic. Certainly, there may be a civil case (personal injury case) of some sort here, but it's hard to tell based on these facts alone. For the parent(s) or guardian of the child, a civil suit is something you could discuss with an experienced attorney. I... View More

2 Answers | Asked in Elder Law, Wrongful Death, Estate Planning and Probate for California on
Q: My friend had no family I helped her be able to live at home. Stuff happened and she went to the hospital. She ended up

Never going back to her home. Two people/ old neighbors a mother and son took over her (everything). They conned her and are almost selling her house which he put to a trust in her name at his address. She had zero family they knew this because her daughter died a year earlier. Is it too late to... View More

James L. Arrasmith
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answered on Jan 13, 2024

Under California law, it's important to act quickly in situations like this. If you suspect that your friend has been a victim of financial abuse or undue influence, especially by someone with a questionable past, it's advisable to consult an attorney. An attorney can help investigate the... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Would like medical malpractice consult- my late mother passed due to undiagnosed/untreated seizure activity in her brain

Had 2 strokes leading up to her passing and she/we were never advised by surgeon or neuro doctors to watch for seizures

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2024

I'm very sorry for the loss of your mother. As my colleague correctly states, attorneys on this forum cannot solicit work. You could search independently for attorneys online, and try to set up a free initial consult. You could supplement your searches with the "Find a Lawyer" tab... View More

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1 Answer | Asked in Family Law, Child Custody, Probate and Wrongful Death on
Q: I'm wanting to use the ppl involved in my son's death an my family an also I didn't have custody of him at the time

My mom and her husband did but they was just reported an had an open case with DSS I just found paperwork where they are taking the ppl driving too court an I want to push there court date maybe get it dismissed an I speak on my son's behalf he was 14 they have only had custody the last 3 or 4 years

Anthony M. Avery
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answered on Jan 8, 2024

You will need an attorney to intervene in the Case. There may be an order that you are not aware of.

2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

Agnes Jury
Agnes Jury
answered on Jan 7, 2024

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for South Carolina on
Q: How would a suspect fleeing on foot while armed or presenting to be armed effect TN V Garner?

If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More

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1 Answer | Asked in Wrongful Death on
Q: I have a question about wrongful death case. Can I sue a hospital for a wrongful death on my mother.

My mother was in a nursing home and collapse. They sent her to one hospital which stated she had a grand Mal seizure but was unresponsive after that. Never did a CT scan to found out if she has a stroke. It took them 7 to 8 hours to transfer her to another hospital. They sent her to united regional... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2024

I'm sorry for the loss of your mother. You could reach out to attorneys in your state to try to arrange a free initial consult (a state or region is not included in the post). They would be able to advise more definitively after discussing in detail. Good luck

3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: how do we get a police report in Atherton ca. my brother was killed by a car. the PD dept. will not give us a report

my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more.

James L. Arrasmith
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answered on Dec 30, 2023

In California, obtaining a police report for an incident such as the one you described involves specific steps. As an immediate family member, you have the right to request the report. Given the circumstances, the process might involve some nuances.

First, you should submit a formal request...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Wrongful Death for Michigan on
Q: If a person sets a bait package on their porch and it is stolen, and the thieves are injured/died, can there be charges?

Let's say they use bees to put in the package. The package is stolen, and the those responsible open the package and are stung, one might have a severe allergic reaction, and cause an accident in which there are injuries and deaths, property damage as well as innocent injuries/deaths. Can the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2024

A Michigan attorney could advise best, but your question remains open for three weeks. Under common law doctrines that hold nationwide, someone could be charged, and liability could arise for doing something like that. But to get a definitive position specific to your jurisdiction's penal... View More

1 Answer | Asked in Health Care Law and Wrongful Death for Michigan on
Q: 2021 my father passed away from getting the Covid vaccine poor hospital treatment can I make someone accountable?

The death certificate says he died from Covid he had already recovered from Covid months before and decided to get vaccinated. Later that night and carrying into the the next day he was having a hard time breathing. We took him to the hospital where he spent the next 25 days alone because family... View More

Brent T. Geers
Brent T. Geers
answered on Dec 19, 2023

Might be worth a call to a medical malpractice firm, but under the circumstances, you may not find much relief. Foremost, you are likely running up against a statute of limitations.

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for South Carolina on
Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?

We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More

1 Answer | Asked in Family Law, Wrongful Death and Probate for South Carolina on
Q: How do I get my deceased father's medical records in Anderson sc.
Roy Willey
Roy Willey
answered on Dec 18, 2023

You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More

2 Answers | Asked in Domestic Violence, Federal Crimes, Personal Injury and Wrongful Death for Rhode Island on
Q: (b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what

(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences.... View More

James L. Arrasmith
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answered on Jan 13, 2024

Under Title 18 USC Code Section 3613(b), the term "Criminal negligence" is defined as conduct that significantly departs from what an ordinary prudent or careful person would do in the same circumstances, to the extent that it shows a lack of proper regard for human life or indifference... View More

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?

On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the... View More

James L. Arrasmith
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answered on Dec 14, 2023

I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they... View More

1 Answer | Asked in Wrongful Death for Illinois on
Q: My dad was taking Zoloft and committed suicide recently. I wanted to know if i can file a wrongful death lawsuit.

He had recently increased his dosage.

Charles Candiano
Charles Candiano
answered on Dec 12, 2023

I don't mean to be flippant but there is a vast difference between whether you can file a suit and whether the suit is winnable. The makers of Zoloft readily acknowledge that there is an increased risk of suicide, especially in individuals under 24 years of age and especially in the period... View More

1 Answer | Asked in Wrongful Death for California on
Q: I have a claim with CICP, it was filed almost three years ago, and I’m not getting anywhere. My husband contacted Covid

While in the hospital he was released. Shortly after that he was hospitalized with Covid and banned from guest. Two weeks in the hospital they released him. When they went stand him up to bring him to me he collapsed they called me and said he was not being released. After looking thru his records... View More

James L. Arrasmith
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answered on Dec 12, 2023

I'm sorry to hear about your difficult situation. Dealing with the CICP (Countermeasures Injury Compensation Program) can be challenging, especially in complex cases like yours. Given the time that has passed since your husband's passing and the complications in his medical treatment and... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: Can I sue Bard Systems Power Port for infections causing death of my husband July, 2019?Thank you

I just found out this week that Bard Systems Power Ports have caused a number of deaths.

Due to infections and immediate removal of port, my husband could not receive chemo and he died less than a month later.

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

In Texas, the heirs of a decedent must sue for his wrongful death within two years of the date of his death.

1 Answer | Asked in Estate Planning, Personal Injury, Probate and Wrongful Death for Florida on
Q: Do a settlement check for a nonrelated PI case injury of the decedent's death have to pass through the estate to be paid

PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2023

Yes. The money is the property of the estate.

3 Answers | Asked in Personal Injury, Construction Law, Wrongful Death and Municipal Law for California on
Q: How to file a lawsuit against the county
James L. Arrasmith
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answered on Dec 3, 2023

Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.... View More

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2 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: My brother passed in the hospital cause of death was pulmonary hemorrhage and they did a biopsy on his lung on July 23

Do you think I have a case for wrongful death

James L. Arrasmith
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answered on Dec 13, 2023

Based on the limited information provided, it is unclear if you would have sufficient grounds for a medical malpractice wrongful death case regarding your brother's unfortunate passing. A pulmonary hemorrhage following a lung biopsy could potentially indicate negligence, but it may also simply... View More

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