California Wrongful Death Questions & Answers

Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on
Answered on Jan 26, 2019
Ronald Mahurin's answer
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....

Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for California on
Answered on Jan 16, 2019
William John Light's answer
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure

Paragraph 14, D, 3 c.

Q: How do you handle a lawyer that does not want to use the facts and fight but given to the defense for ease?

1 Answer | Asked in Wrongful Death for California on
Answered on Jan 11, 2019
Timur Akpinar's answer
You could consult with another attorney in California.

Tim Akpinar

Q: Can two plaintiffs sue a sibling for max of 7,500 each within one small claims lawsuit case? total of 15,000

1 Answer | Asked in Civil Litigation and Wrongful Death for California on
Answered on Jan 7, 2019
William John Light's answer
If they are different claims, you can. If it's the same claim and they are jointly liable, then you can't.

Q: How can I help this mother get closure from her sons suspicious death in foster care?

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 31, 2018
William John Light's answer
It is highly doubtful that you are going to be able to adequately investigate a death from 17 years ago. You can try to get the body exhumed and hire a pathologist to perform an autopsy. Be prepared to spend about $10,000, at least. Whatever that determines may lead you to other lines of inquiry which may require an attorney or a private investigator, or both. Substantial additional amounts of money would be required for whatever services those persons would need to perform. The end result...

Q: My brother surrendered .y dog to the animal shelter whom put it to sleep but never notified me

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Answered on Dec 31, 2018
William John Light's answer
You have left out a lot of facts: like why your brother did that? Why you didn't get the dog from the shelter? Depending on facts, taking the dog to the shelter may have been the proper thing to do. Putting the dog to sleep might have been the proper thing to do. Without the full story, no one could make any conclusions.

Q: When a person fills out a DNR is that kept on record for that patient for future visits?

1 Answer | Asked in Wrongful Death, Health Care Law and Medical Malpractice for California on
Answered on Dec 28, 2018
William John Light's answer
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.

Q: Hi I would like to no if u can sue for a lightning rod that harmed u pretty much a tempte of murder me

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 18, 2018
William John Light's answer
Very unclear what happened. If someone installed a lightning rod improperly, and you were injured as a result, you might have a claim. Consult with a knowledgeable PI attorney to a detailed evaluation of exactly what happened to you.

Q: Plaintiffs attorney hires expert Expert is friend of defendant and support defendant Is it mandatory to keep him?

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 14, 2018
Peter Munsing's answer
It may be if the case is ready for trial and the expert was listed. It may be possible to petition the court to get that permitted but you need to sit down with the lawyer on this.

Q: After two years of human trafficking, 5 years of attempted taking of a life, and finally death

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Wrongful Death for California on
Answered on Dec 14, 2018
Peter Munsing's answer
Not sure this is a question but it's up to the authorities to investigate or journalists, but only the DA and police can charge anyone.

Q: Can a private investigator who conducted interviews but failed to get signatures still testify in court

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 14, 2018
William John Light's answer
Yes. Prior statements to others can come into evidence through applicable hearsay exceptions.

Q: my husband wants to file a Habeas for Re-sentencing under the case Law of (Banks and Clarks)? Can he qualify for sb1437?

1 Answer | Asked in Wrongful Death for California on
Answered on Dec 7, 2018
William John Light's answer
You should re-post this under criminal law or criminal defense. Wrongful death is a civil law issue.

Q: My mother was hit and killed by a driverless car. Can I still sue the person in the driver's seat or do I need to go

4 Answers | Asked in Wrongful Death for California on
Answered on Dec 4, 2018
William John Light's answer
There is no such thing as a driverless car. There are cars which try to operate without as much human intervention, but humans are still "in control" and can intervene when appropriate. In other words, you sue the driver and owner of the car, as well as the manufacturer/ distributor/ programmer of the software that attempts to operate with limited human intervention. A police report will probably identify many of the appropriate parties.

You should consult with a PI attorney. This...

Q: Can be listed as a statutory heir to someone if his parental rights were taken away and I have been legally adopted?

1 Answer | Asked in Adoption and Wrongful Death for California on
Answered on Nov 20, 2018
William John Light's answer
You would have to consult with an Arkansas attorney about that. However, even if you could be included, the value of your case would be tremendously adversely affected by the lack of relationship between your father and you, at least that is how it would work out in CA.

Q: If my husband died in a car crash but was a stay-at-home parent who planned to return to a corporate attorney job at the

4 Answers | Asked in Wrongful Death for California on
Answered on Nov 19, 2018
William John Light's answer
Yes, but it will be harder to prove. Insurance companies, jurors, will be more skeptical. This is not a do it yourself project. Call an attorney. Consultations are free.

Q: Do you prove wrongful death the same way as regular personal injury claims?

2 Answers | Asked in Wrongful Death for California on
Answered on Nov 5, 2018
William John Light's answer
Yes, with documents, photographs, videographic evidence, witness testimony, expert witness testimony, and by a preponderance of of the evidence. A wrongful death case is not a DIY project. Consult with an attorney.

Q: unlicensed driver in accident killed other person. charged w/manslaughter. is serving time absolute mandatory

3 Answers | Asked in Car Accidents, Criminal Law and Wrongful Death for California on
Answered on Oct 15, 2018
Dale S. Gribow's answer
More info needed

Was driver under influence?

Did he ever have CDL?

Why was lic taken away? Or never licensed?

If already sentenced it might be late to ask the question...

I assume lawyer was appt’d For him.. who knows all facts. You should pose questions to that lawyer

Q: We're confused about wrongful death and a survivor's lawsuit - they sound kind of the same to us - is that the case?

1 Answer | Asked in Wrongful Death for California on
Answered on Oct 12, 2018
William John Light's answer
No. Wrongful death is a case brought by the family members who have lost the love, comfort, society and affection of the decedent. A survivor's action is brought on behalf of the estate of the decedent for the decedent's own damages that "survive" the decedent's death. Consult with a PI attorney for a full evaluation of your case.

Q: How and where do i file wrongful death lawsuit?

4 Answers | Asked in Car Accidents and Wrongful Death for California on
Answered on Sep 29, 2018
William John Light's answer
You need an Idaho attorney. Although you could file in Federal Court in Boise or Pocatello based on diversity jurisdiction. If you chose that, any attorney admitted to the 9th Circuit (of which California is a part) could represent you. This is not a do it yourself project.

Q: If someone ran over my dog and it wasn't registered. What could I do about it? Please response when you can. Thank you.

1 Answer | Asked in Wrongful Death for California on
Answered on Sep 24, 2018
William John Light's answer
You can sue in Small Claims for the value of the dog based upon negligence of the driver. However, if your dog was off leash and running in the street, expect any claim to be reduced by your proportion of comparative fault, which will be extensive.

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