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Wrongful Death Questions & Answers
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

2 Answers | Asked in Wrongful Death for Illinois on
Q: Can I file an extension for the 2yr statute of limitations in Illinois if the plaintiff was legally incompetent?

The laws and exceptions to extend are different for each state I believe. So would I have time to extend in Illinois if I can prove the plaintiff was legally incompetent at time of injury and the defendant was out of state? How can I file the extension before the statute expires?

Adam Maksimovich
Adam Maksimovich
answered on Oct 27, 2023

The answer to this question would depend, in part, on whether the Plaintiff was under a "legal disability" at the time of the injury, as Illinois law provides for an "exception" to the general statute of limitations rule, with respect to people with a "legal... View More

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2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?

I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?

David Soble
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David Soble
answered on Oct 18, 2023

The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More

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1 Answer | Asked in Wrongful Death for Texas on
Q: I want to sue the state police I live in lovington nm

My brother was killed on october 13 2022 he was followed and someone caused him to roll his truck he survived the roll over he was on the side of the road after he got out his truck and his mother in law at the time hit him with her car and sadly he passed she claims she did see him tell she... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

It doesn’t sound like you have any cause of action against police.

If you are the personal representative of your brother’s estate, you may be able to bring a case on behalf of his estate against his mother in law.

3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.

Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit?

James Otto Heiting
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James Otto Heiting
answered on Oct 6, 2023

With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up.... View More

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1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: In a wrongfully death case do we have to include my son's daughter who he signed off of her after she was born .??

Is she still entitled to get social security ?? She has never been adopted she was raised by her mother my son's x girl friend

Charles Candiano
Charles Candiano
answered on Oct 8, 2023

If your son legally relinquished his paternal rights to the child, her rights were terminated. You are represented by Indiana counsel in your wrongful death suit concerning your son. This is a question for your attorney. Your attorney may think it best to provide the information to the Court... View More

2 Answers | Asked in Wrongful Death and Animal / Dog Law for Ohio on
Q: My 6 yr old Morkie died because he had surgery at a major medical clinic and they left a sponge in him..what do I do now

They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

While your family was devastated by the loss of a pet, and you probably consider your pet to be part of the family. In Ohio, a pet is merely personal property and there is no emotional or other non-economical damages that can be recovered, absent circumstances that your post does not mention.

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1 Answer | Asked in Wrongful Death for California on
Q: DESPERATELY IN NEED OF A LAWYER,TO WIN THIS OVER FOR MY MOM,HOW CAN WE PUT THEM AWAY AND MAKE THEM PAY EVERY PENNY BACK?

My mom had first stages of dementia about 2 years ago she recently passed away she is my best friend. I took care of her full-time everyday for almost 8 months, meanwhile her boys who she trusted most and my brother just started to get durable power of attorney, HE THEN ROBED HER OF ALL HER SAVINGS... View More

James L. Arrasmith
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answered on Sep 20, 2023

I'm very sorry to hear about this traumatic experience. In a situation with serious allegations such as these, it is critical to consult with an experienced attorney who can help you navigate the legal intricacies involved. They will likely advise gathering all relevant documentation (like... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: What would be the best type of lawsuit over my daughter's death?

My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as "normal." The standard of care is to closely follow growth with more ultrasounds in the case... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 18, 2023

It would be wrongful death resulting from medical malpractice. Your problem however is the fact that there is no treatment for abnormal or marginal cord placement. To have a claim based on malpractice, you would have to prove malpractice caused the injury (i.e. your daughter's death). If... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Give a good reason for tolling the malpractice 1 year cutoff

The spouse could not see malpractice until after she followed with cancer diagnosis too.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 18, 2023

I'll give you 4-good reasons:

1) minor

2) out of the state

3) prison, or

4) insane

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1 Answer | Asked in Federal Crimes and Wrongful Death for Oregon on
Q: Hi. So I have a question. If I tell someone to kill themselves and then they actually do it, will I face police trouble?

Like not them making an attempt like if they full on kill themself. Will I face charges?

T. Augustus Claus
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answered on Sep 13, 2023

It's important to talk to someone such as a mental health professional or a trusted person in your life.

1 Answer | Asked in Wrongful Death for Florida on
Q: My husband died while he was in county jail from a drug overdose. Do I stand a chance fileing a wrongful death lawsuit?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2023

Yes. If the overdose was by medical staff, it's a potential wrongful death claim based on malpractice. If an illegal drug voluntarily taken, it's a potential wrongful death claim based on negligent supervision, but the claim would face some hurdles. If malpractice, consult a lawyer... View More

2 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: why is there no charge of homicide only arson.

Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at... View More

Christopher Walsh
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Christopher Walsh
answered on Sep 4, 2023

As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect... View More

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1 Answer | Asked in Wrongful Death on
Q: My inlaws recently filed a wrongful death lawsuit against a local hospital. It has been about 2, well now the husband of

Is having daily family calls about all this money he is about to get. My wife wasn't on board at first, but recently she had to sign some trust papers or something. She beginning to believe the story. I want to tell her to pump the brakes and wait and see what happens, but I don't want to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2023

I'm sorry for your family's loss. There's a tendency for plaintiffs to do that in all types of cases. It's human nature. Good luck

1 Answer | Asked in Wrongful Death for Missouri on
Q: Can I suit the state of MO for my grandson death in the Jackson County Detention and if so how do find an Attorney .

He was beating and drugged. I have the 48 page documents

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

No because you lack standing under Missouri's wrongful death statute. Your grandson's spouse, or his children, or their children. or his mother or father can bring a lawsuit for wrongful death. If there are no such persons alive, then your grandson's brothers or sisters or their... View More

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Peter J. Weinman
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answered on Aug 17, 2023

The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Benjamin Z. Katz
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answered on Aug 17, 2023

Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More

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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: We have retained a lawyer to investigate a hit and run that killed my parents. Can you give me an idea how much $$?

How much is an average retainer in San Diego?

How many accidents should occur on a single street to justify a traffic signal be installed?

William John Light
William John Light
answered on Aug 10, 2023

There are many variable into "how much", such as the amount of insurance coverage, the comparative fault of all of the drivers, the number of claimants to divide the insurance, etc. We don't know any of that so no one can even begin to say "how much." If there is an issue... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: My sister was in a fatal car accident. They made her wait 4 hours then she had to walk home. Why no ride?

My parents where killed and nobody gave her a ride home. She was told to go to a diffrent hospital and missed my moms death by 10 minutes, Why did they do this?

William John Light
William John Light
answered on Aug 10, 2023

I am sorry for your loss.

The continuous posting of questions is beyond the scope of this forum. If you have a multitude of questions, just call a wrongful death attorney to discuss your potential claims.

As to your questions: The police do not have to give anyone a ride. As to...
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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: If a driver is allowed to leave the seen of a fatal accident by SDPD why are they not looking for him now?

My family was in a fatal car accident. There were 3 young men however, the driver was allowed by police to leave the scene and is not wanted for hit and run, Why? He murdered my parents and thats it? What is my recourse?

William John Light
William John Light
answered on Aug 9, 2023

If he talked to police at the scene, it's not hit and run, by definition. The police are free to let people leave the scene.

Your recourse is to talk to a personal injury attorney about filing a lawsuit for wrongful death. It is up to the police to investigate, and up to the...
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