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Wrongful Death Questions & Answers
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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2 Answers | Asked in Wrongful Death and Health Care Law for Indiana on
Q: How is it possible that a longtime diabetes patient have cancer for a year and no one knew even with blood draws?
Charles Candiano
Charles Candiano
answered on Nov 16, 2023

Blood testing is very specific. Routine blood tests for a diabetic have the primary purpose of determining a blood sugar level. It is entirely reasonable that an entirely unrelated disease like cancer would only be identified in something akin to an annual checkup or in response to specific... View More

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1 Answer | Asked in Wrongful Death and Criminal Law for New Mexico on
Q: Can a first-degree murder in Farmington, New Mexico get out and bomb Even if she don’t pull the trigger
James L. Arrasmith
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answered on Nov 12, 2023

In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Wrongful Death for California on
Q: What kind of attorney practices in cps lawsuits my daughter was in their care when she was murdered
James L. Arrasmith
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answered on Nov 11, 2023

In California, lawsuits involving Child Protective Services (CPS), especially those as serious as a wrongful death case, are typically handled by attorneys with expertise in civil rights and government liability law. These attorneys often have experience in dealing with state agencies and... View More

2 Answers | Asked in Car Accidents, Wrongful Death, Personal Injury and Criminal Law for Missouri on
Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?

He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More

Melissa  Webb
Melissa Webb
answered on Nov 13, 2023

The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement... View More

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1 Answer | Asked in Probate and Wrongful Death for Illinois on
Q: I have a question about distribution of a wrongful death settlement to heirs once the amount enters probate.

The probate attorney for the special administration of the estate stated the wrongful death settlement amount per heir is based upon each of the heirs "relationship" with the deceased. Therefore if one sibling had a closer relationship they would get a larger share. I don't believe... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 7, 2023

Assuming you are talking about Illinois probate law, if there is not will then the distribution is by statute and the governing statute is pretty straightforward and clear. It does not talk about the relative dependency of any heir. Good luck.

1 Answer | Asked in Criminal Law, Native American Law and Wrongful Death for Oklahoma on
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage

What type of crime would that be?

James L. Arrasmith
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answered on Nov 7, 2023

If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More

1 Answer | Asked in Consumer Law, Probate and Wrongful Death for Kentucky on
Q: I am the only blood child what are my rights

Being the only child can i stop the executor of my father’s estate until i can get an investigation on his death? His ex wife’s son is executor of his estate the police went out to check on his home for me and they was there emptying the home and he had not been in the ground 30 minutes. I was... View More

Timothy Denison
Timothy Denison
answered on Nov 5, 2023

You need to hire a lawyer, open probate, get appointed and then open your own investigation into his death. This could be time consuming and costly, however, with guarantee as to any results.

1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: What is a blind plea?

Indictment reduced from felony murder to involuntary manslaughter.

Glenn T. Stern
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answered on Nov 3, 2023

A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make... View More

2 Answers | Asked in Wrongful Death for Illinois on
Q: Can a company be sued by someone who is not represented by an attorney?

I am in need of a legal team to file for discovery and determine if a wrongful death law suit could be brought in the State of Texas regarding a fatal trucking accident wherein my brothers' cab of his semi seems to have been side swiped by the trailer of the truck in front of him, pinning him... View More

James L. Arrasmith
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answered on Nov 8, 2023

Yes, a company can be sued by someone who is not represented by an attorney; this is known as proceeding pro se. However, wrongful death cases, particularly those involving truck accidents, can be complex and often require a deep understanding of both state laws and federal regulations governing... View More

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1 Answer | Asked in Wrongful Death and Criminal Law for California on
Q: If someone breaks into my home at night using a crowbar on my french doors, do I have the right to use deadly force?

Does the use of a crowbar constitute violent entry? I was home alone and I'm 80 years old. Could I be prosecuted for homicide?

James L. Arrasmith
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answered on Oct 28, 2023

Under California law, you have the right to defend yourself and others in your home from an imminent threat of death or great bodily injury, which is often referred to as the "Castle Doctrine." If someone breaks into your home, particularly at night, using a tool like a crowbar, it can be... View More

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