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answered on Jun 29, 2018
No. It would only be called a personal injury case. Once the person is deceased and the death was caused by something wrongful. Then, you may file a Wrongful Death Case.
answered on Jun 15, 2018
Code of Civil Procedure section 377.60, allows wrongful death claims by:
the deceased person's surviving spouse
the deceased person's domestic partner
the deceased person' s surviving children
if there is no surviving person in the deceased... View More 
answered on Jun 1, 2018
If she died from injuries that were the subject of her PI case, yes. If she died from other causes, then her Estate would only have a survivor action for her lost wages, property damage and medical expense.
answered on May 18, 2018
Unless the case is for elder abuse, the right to recover for "general damages" (pain & suffering, etc.) dies with the person. The person's estate or other successor may continue with the suit for "special damages" (economic injury). If the person died as a result of... View More
My ex took my dog to the animal shelter and left him there. Once i found out, i called the shelter to ask about getting my dog back in safe hands. They notified me that my dog was put down for coming in “angry”. What can i do?
answered on May 6, 2018
Probably nothing against the Shelter. The dog was surrendered by an owner, who, by virtue of being an owner had the right to do so. Once surrendered, the Shelter was within its discretion to put the dog down if it exhibited aggressive tendencies. You may have a claim against the ex-boyfriend... View More
He's willing to sign a release of liability
answered on May 3, 2018
i would not do it if it were me.
the release is for civil liability but i think you could still face criminal exposure.
answered on Apr 27, 2018
Assuming it is a valid case, whichever of you wants to file should retain a personal injury attorney. Parties who do not wish to join in wrongful death cases may be made parties to the case by those who do wish to pursue the action.
Brother had a charge that violated his probation, was not taken into custody. About a year later my brother convicted 2 felony charges. The same da is now handling both cases for him at the same time, running concurrently. Is this normal? Are they trying to, will this, give him a more lengthy... View More
answered on Apr 26, 2018
Yes, it's normal. Priors can always affect sentencing & violations of probation can also have their own sentencing minimums.
answered on Apr 11, 2018
That's not wrongful death. Wrongful Death is a creation of statute which applies to the death of a human. Death of a dog is a property loss. If the other dog owner is at fault, the owner of the deceased dog can sue for the market value of the deceased dog, possibly trespass. It sounds like... View More
answered on Apr 3, 2018
Generally, no. If, however, the pet died due to a Defendant's intentional act, emotional distress damages might be recovered. http://caselaw.findlaw.com/ca-court-of-appeal/1611024.html
(pg. 1) My father passed away 3 months ago, i suspect foul play in his death. He did use heroin and everyone assumed it was an heroin overdose, when toxoligy report came in there were no sign of opiates (heroin) in his system there were 7 prescription drugs a one street drug (methanphetamine). When... View More
answered on Mar 23, 2018
Take your concerns to the police. They are the only ones with authority to investigate and prosecute a crime. However, what you describe still sounds like an overdose - 7 prescription drugs and 1 street drug? That's a lot of drugs. Proving foul play sounds difficult. It is curious how he... View More
Four men were in a car, the driver and owner of the car, and passengers 1, 2, and 3. They were stopped in a neighborhood in order to sell drugs. Passenger 3, sitting in the backseat behind the driver, shot and killed the driver while he was still seated in the car. Passenger 1, in the front... View More
answered on Mar 13, 2018
Maybe. Even if a suit could be brought, how would anyone collect? The type of people who sell drugs and use guns don't seem to be likely to have the kind of money that would make a wrongful death lawsuit profitable. It seems unlikely that any insurance policy would apply to these... View More
answered on Mar 5, 2018
So sorry to hear that happened, condolences to you and your family. You may have a wrongful death claim in both Federal and State court. There are very strict time deadlines, so speak with experienced personal injury and civil rights attorneys right away.
And enough skill to bring it for a man who was shotgun murdered in his chair at the California conservation corps. By another employee.
answered on Mar 5, 2018
You would want to contact a member of CAOC, (they give free consults) , for the county where it happened, but understand any attorney in any state will only take a case if there is a strong liklihood of success. The problem in your case may not be a "warchest" but that they have to spend... View More
I just found out the state had abandoned preliminary recruitment requirements that had been put in place to identify potential " risk" or employees who could not handle following directive from supervisors.
answered on Mar 1, 2018
A negligence claim has a two year statute of limitations, plus you have to file a Tort Claim against the State within 6 months of the wrongful act. If you have any civil rights claims, those do not require a Tort Claim, but you still have to file a lawsuit within the statute of limitations. For a... View More
Failure to monitor during anesthesia; led to pneumothorax which led to weak lung which led to Pneumonia, led to procedure, led to tube feeds, led to lack of fluids and nutrition, led to paralysis of left side complete, led to bed bound, led to bed sores, led to muscle dysphasia, led to unwanted... View More
answered on Feb 27, 2018
You would be incredibly foolish to try to bring this case yourself. Consult medical malpractice attorneys. Provide them with the medical records. These types of cases require expert opinions regarding the standard of care and causality. Do not try to do this yourself.
Recently my brother passed away he went to the hospital at 5 in the evening and then died at 2 a.m. that night after they sending him home saying that everything was fine they knew for 7 years that he had a heart disorder and never told him my sister-in-law recently sued for wrongful death but I... View More
answered on Feb 22, 2018
You can get another attorney, but it is difficult to find an attorney to step in to a case when he has to share fees with the first attorney. It is easier if the first attorney withdraws. He wouldn't have a claim to fees and a new attorney has a better chance of making a profit. You... View More
answered on Feb 22, 2018
It can be, or it can be negligence. Depends on the facts.
answered on Feb 6, 2018
The short answer is yes. There are many traps and pitfalls, not the least of which is a very short time to make a governmental entity claim. You should talk to experienced personal injury attorneys, and do not delay.
answered on Feb 5, 2018
Your question indicates you are in Arizona, while you have posted in the California forum. In California, you can sue for the value of your dog if someone injures/kills it through negligence. Having another person run over your dog raises the question of "how"? If your dog was off... View More
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