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California Wrongful Death Questions & Answers

1 Answer | Asked in Wrongful Death for California on

Q: I feel the Emergency Pet Hospital killed my MaltiPoo. Malpractice. Can I get help?

William John Light answered on Jul 17, 2019

You can sue for veterinary malpractice. You can recover the reasonable value of your dog. No emotional distress. You will need the testimony of another veterinarian to describe how your dog died and why it was the result of malpractice and not reasonable veterinary error/discretion. These are... Read more »

2 Answers | Asked in Personal Injury and Wrongful Death for California on

Q: is a California hoa responsible for wrongful death? An elderly man died in our HOA hot tub. The clubhouse attendant who

is paid until 10 pm daily and closes up the cabana and bathrooms. The attendant came to the hot tub at 9:54 pm. She said the 81 year old was exposed and left him in the hot tub. Even though he had his cane showing. i know him well and know he would have exposed himself.

The autopsy shows... Read more »

William John Light answered on Jul 10, 2019

I don't know what "was exposed" means. He was naked? What does his "cane showing" mean? Why does any of that suggest that the attendant knew or should have known that the 81 year old was at risk of death?

Whether any of this adds up to wrongful death depends on a lot of factors that...
Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for California on

Q: Pro bono ?

Dui (drugs) / great bodily injury/ involuntary vehicular manslaugther.

Pro bono attorney in San Bernardino , Ca.

William John Light answered on Jun 16, 2019

Get a public defender. If you want a private attorney, you will have to pay, and for those charges, it isn't cheap. Time to call on your family and friends to chip in.

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1 Answer | Asked in Civil Rights and Wrongful Death for California on

Q: I’m 43 years old disabled adult, female. My disablities are: Cerbral Palsy, and Diabette

Insipidus . I’m wheelchair bound I use an electric wheelchair to get around. In 1985 my mom passed away from   cervical cancer at the age of 29. In 1996 my dad passed away from  a brain aneurysm. At the of 45.I live on my own in Salinas California since May 2009.  I have San Andreas Regional... Read more »

Louis George Fazzi answered on Jun 13, 2019

Here are some legal resources for you to contact in Salinas.

LaPorte Law Firm

119 Cayuga St · (831) 426-2535

Angelina Valle & Associates

1184 Monroe St #6 · (831) 753-0200

Based on my cursory review, either of these offices would likely be able to assist...
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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on

Q: I am in search of someone that can help me obtain the medical records of my deceased wife. I believe she died unjustly.

I believe that the doctor (s) in charge let her pass by stopping her CPR treatment. I know there is a term for it - slow something or other.

William John Light answered on Jun 12, 2019

You can go to the medical records department of the hospital, assuming that is where she was, and fill out the form to request the records. Make sure that you check all of the boxes for every different type of record (progress notes, nurses notes, physicians order, medication administration,... Read more »

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1 Answer | Asked in Legal Malpractice and Wrongful Death for California on

Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from

Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.

Peter N. Munsing answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

1 Answer | Asked in Criminal Law and Wrongful Death for California on

Q: why is this case necessary in times likes this

Atkins v. Virginia

Rhonda Mae Hixon answered on May 22, 2019

Atkins v Virginia, decided in 2002, held that it is a violation of the 8th Amendment prohibition against cruel and unusual punishment to execute a "mentally retarded" defendant, finding that " the large number of States prohibiting the execution of mentally retarded persons provides powerful... Read more »

1 Answer | Asked in Wrongful Death for California on

Q: someone intentionally makes your life miserable creates serious problems , person start seriously think about suicide

William John Light answered on May 4, 2019

I don't think that someone who makes your life miserable is going to be liable for suicide. However, if someone encourages and/or provides other support for such an action, liability might be possible. Talk to a mental health counselor. There are resources to help.

2 Answers | Asked in Personal Injury and Wrongful Death for California on

Q: Which has priority? Wrongful death claim or claims by insurance companies for property damage for claims they paid out?

William John Light answered on Mar 12, 2019

Neither. Bodily injury claims and property damage claims have separate limits in liability policies. The damages paid out for one does not affect the other. Facts to consider include the number of claimants, the economic damages (loss of financial support due to absence of the decedent),... Read more »

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3 Answers | Asked in Criminal Law, Car Accidents and Wrongful Death for California on

Q: arrested for vehicular manslaughter on atv but blood results for alcohol came back normal, what happens next?

arrested for vehicular manslaughter with suspesion for dui but blood alcohol level was normal but someone did end up dying in the crash, what happens to the driver? how long does a case like this usually take?

Driving a atv and it crashed or tipped and everyone was thrown out, no one in... Read more »

William John Light answered on Feb 27, 2019

It could be over tomorrow. It could go through trial and appeals and take years. Every case is different. What happens to the driver depends on the facts of the incident, which you haven't shared.

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1 Answer | Asked in Federal Crimes and Wrongful Death for California on

Q: How do I go about getting a phone unlocked that may obtain crucial evidence about my sisters death involving fentanyl?

Police are not doing a criminal investigation and I have reason to believe her death was no over dose, but in fact a homicide. I believe her phone contains information that can help me find the truth. How can I get the police to assist in getting the phone unlocked?

William John Light answered on Feb 22, 2019

Not sure, but I would contact the phone manufacturer with evidence that I was the heir, or had legal authority to access the phone, and request its help.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on

Q: Is it illegal to kill the other persons dog if both dogs are engaged in fighting and neither owner can break them apart?

Neighbors dog walked in front of my houseboff leash. My dog then ran out the front door and out the unfortunatly opened gate. Both pitbulls angaed in a fight. We were not succeeding in breakig them apart. My neighbor grabbed his gun shot and killed my dog. How good of a case do i have? My dog was... Read more »

William John Light answered on Feb 18, 2019

If you had a case, it would be for the value of the dog. I don't know whether what he did was illegal. However, if he had called the police instead, what do you think they would have done?

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on

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

Hottest day of the year 107 outside, corrugated warehouse line work-it had to be 147- the warehouse cooled by a single box fan, Ross, my deceased partner said- Supervisor admitted to me at the hospital they realized the heat danger and called unscheduled break for snow cones outside- Ross got to... Read more »

Ronald Mahurin answered on Jan 26, 2019

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... Read more »

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for California on

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

Uncle admitted to hospital 12/11/18, then dies of kidney failure on 12/20/18, County Coroner calls us on 1/08/19 and tells us the report from hospital reads "No Family". Our family has been trusting this hospital for over 50 years, his sister died there 6 months ago which is how the coroner found... Read more »

William John Light answered on Jan 16, 2019

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.... Read more »

1 Answer | Asked in Wrongful Death for California on

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

Timur Akpinar answered on Jan 11, 2019

You could consult with another attorney in California.

Tim Akpinar

1 Answer | Asked in Civil Litigation and Wrongful Death for California on

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

Sister named executor in home drafted will left by our mother. A verbal contract was added later.

William John Light answered on Jan 7, 2019

If they are different claims, you can. If it's the same claim and they are jointly liable, then you can't.

1 Answer | Asked in Wrongful Death for California on

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

I have a close friend who's healthy 12 year old son was found dead, face down in a bathtub of water, with his pants down while in the custody of foster care. Her story is unimaginable. The autopsy states the cause of death was undetermined... There was incorrect information regarding the childs... Read more »

William John Light answered on Dec 31, 2018

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... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on

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

William John Light answered on Dec 31, 2018

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... Read more »

1 Answer | Asked in Wrongful Death, Health Care Law and Medical Malpractice for California on

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

William John Light answered on Dec 28, 2018

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.

1 Answer | Asked in Wrongful Death for California on

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

I had got hit with lightning but have a lightning rod of the proper person going into right derection in what I wanted to no who could destroy my life in all the ways like they truly did ya it's tru but haven't now till now thanks have a nice day

William John Light answered on Dec 18, 2018

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.

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