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Wrongful Death Questions & Answers
2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

William John Light
William John Light
answered on Feb 3, 2024

You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More

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2 Answers | Asked in Wrongful Death for Texas on
Q: Could you tell me if this is a case someone would take died while being transported from prison to another prison

Supposedly fell out of van or bus and broke his neck he was shackled and handcuffed

Asking for a friend just wanting to find out if this is a case that someone would take

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 5, 2024

Yes. If the facts are correct a attorney would take the case

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1 Answer | Asked in Civil Rights, Education Law and Wrongful Death for Michigan on
Q: Are public universities obligated to discipline students who are involved in a matter that results in the death

Of another student? Are they required to investigate the matter?

James L. Arrasmith
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answered on Jan 30, 2024

Public universities in Michigan, like other educational institutions, have a responsibility to maintain a safe and conducive learning environment for their students. In cases where a student is involved in an incident resulting in the death of another student, universities typically have a duty to... View More

1 Answer | Asked in Wrongful Death for New York on
Q: How can a medicaid lien be paid prior to me signing a release as the defense has yet to issue the release papers

After decree entry I'm confused they won't send the release papers without final lien letter which is undermining the judges final entered decree yes letters were sent and final decree entered, but how can we pay medicaid if they won't sign release

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 29, 2024

Your Medicaid lien cannot be paid until such time as you have signed the settlement papers / release. If you haven't already, you'll need to request a final lien amount from Medicaid which may take several weeks. The final amount of the Medicaid lien may be incorporated into the release... View More

1 Answer | Asked in Wrongful Death for North Carolina on
Q: Wrongful death of an individual caused by someone in a company vehicle, is there special circumstances for compensation?

Does the companies auto insurance company have to make a payout if a claim is filled? Is there a standard amount or can they offer whatever they want?

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry for this loss. This would need to be discussed with North Carolina attorneys in greater detail. It could depend on the capacity of the victim, whether employee or pedestrian or other, the... View More

2 Answers | Asked in Wrongful Death for New York on
Q: My case settled and Decree was entered 20 days ago , which stated settlement to be paid within 10 days from date

However paralegal stated that didn't apply to us for whatever reason, this was a wrongful death surrogates case ,and now I'm told the defense is refusing to send the release papers without a final lien letter from medicaid ,however that was all established when they didn't show for... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 26, 2024

The Court order governs the time in which the defendant has to make payment on the settlement. If payment is not contingent on receipt of Medicaid lien, it's not contingent. Although most insurance carriers will not issue a check until they are satisfied that there are no outstanding... View More

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: Can you sue animal control for seizing your animals while you are in jail and have them euthanized
John Michael Frick
John Michael Frick
answered on Jan 25, 2024

It depends upon the particular facts of your situation. It is important to consider what arrangements you made for your animals to be properly cared for while you were in jail and why the animals were seized by animal control.

If the animals were being properly cared for and animal...
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1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Arkansas on
Q: Why is inciting someone to commit murder a class Y felony and murder a class A felony

In 2011 a sister called her brother because she was angry with her boyfriend and provided false information which angered the brother to the extent he took a handgun, drove to the sister & boyfriend's residence, lay in wait for the boyfriend and shot him in the chest. The brother was... View More

James L. Arrasmith
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answered on Jan 23, 2024

There are a few reasons why the sister in this case may not have been charged, even though inciting murder is generally a more serious felony than murder itself in Arkansas:

1. Evidentiary issues - While the sister allegedly provided false information that incited the shooting, proving that...
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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 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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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

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

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

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