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California Wrongful Death Questions & Answers
1 Answer | Asked in Probate, Wrongful Death and Estate Planning for California on
Q: My father was an established businessman but he died when I was 13. Any way to get compensation out of that financially

I never received anything

Richard Samuel Price
Richard Samuel Price
answered on Jan 29, 2018

Was there a probate action for your father's estate, or did he have a trust? You would inquire from his spouse or other children about his estate and what happened to it. You might also review the court records where he lived when he died to see if a probate action was filed.

4 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: Im being accused of somekind of wrongful death lawsuit and i have no clue whats going on its not me i have no money for
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 25, 2018

If you have been served lawsuit papers, you must file a response on time. If the Complaint alleges the wrongful death was from a motor vehicle collision, and you had vehicle insurance, turn the papers over to your insurance company immediately. If the death is not alleged from an vehicle... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Ca b.i.t. inspector is or is not responsible for the faulty brakes that resulted in the death of truck driver
William John Light
William John Light
answered on Jan 23, 2018

Probably not. The truck company, the manufacturer of the brakes, the maintenance company, are all potentially liable either civilly or in workers compensation.

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2 Answers | Asked in Wrongful Death for California on
Q: California inspector sued for the death of driver for faulty brakes after court case

The driver was 71 years old, illegal logbook, history of not following rules of safety, over weighted load, many hours over law prohibits[ time]but accident .....DRIVER slammed on brakes but not in time to prevent crushing car in front of him and dies, 2 yrs later inspector is being sued for... View More

William John Light
William John Light
answered on Jan 21, 2018

What is the question? Who is the inspector? A commercial garage? A state of CA employee?

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2 Answers | Asked in Wrongful Death and Workers' Compensation for California on
Q: What should you do if workers comp has a lien on your file and is haulting your lawsuit even though the claim was denied

I was in an automobile accident and workers comp only accepted my neck and shoulder. My hip was also fractured but they denied that portion. I was taken off from work because of my hip and had to have surgery all through my own insurance. I sued for lost of wages because of my hip but now there’s... View More

William John Light
William John Light
answered on Jan 16, 2018

Your attorney should be answering these questions and/or challenging the workers compensation lien in court.

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5 Answers | Asked in Wrongful Death for California on
Q: My brother was struck and killed by a motorist in CA. Why is a lawyer contacting me with a claim?

My brother was 46 years old. Our family did not contact lawyers. The lawyer who called me did not tell me who was filing the claim or who it was against. Am I being sued? If so, how would I be responsible??

Cory Russell Weck
Cory Russell Weck
answered on Jan 12, 2018

I'm sorry for your loss. Were you contacted in writing? If so it would be helpful to know what the language says exactly to point you in the right direction. It would be unethical for a lawyer to reach out to you to solicit a case, but unfortunately happens. More information about what was... View More

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3 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: My brother died at his baby's mother's house on Sunday they did nothing to help him can I press charges on then

My brother died on the 31st his children mother did nothing to get him care we sent an ambulance to get him medical treatment and she sent them away can I put her I jail or file charges on her he had to call 911 himself

Dale S. Gribow
Dale S. Gribow
answered on Jan 10, 2018

you can call local police and if they do nothing contact DA for an investigation.

truly need more info but if he was bleeding to death or heart attack untreated it is akin to a homicide in my eyes.

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1 Answer | Asked in Wrongful Death for California on
Q: A wife signs a gag clause in a lawsuit settlement over the death of her father...does it apply to her whole family?

She is the only one named in the lawsuit, but the defense lawyers added the word family to the settlement as to who is gagged. If only the wife was on the lawsuit, and none of the family members were, can they legally gag all of them? How would that be enforceable if none of the other family... View More

William John Light
William John Light
answered on Jan 7, 2018

The confidentiality clause applies to the people who signed the agreement. There may be wording about relatives, but that is speculation. Nevertheless, if you, or others, think you can safely disparage the defendants or disclose the terms of the settlement, you might be mistaken. Although you... View More

3 Answers | Asked in Wrongful Death for California on
Q: Can I file a wrongful death claim against my neighbor if they admitted to poisoning my dog?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 21, 2017

You can bring a civil lawsuit, but wrongful death is a specific type of claim involving deaths of humans.

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1 Answer | Asked in Wrongful Death for California on
Q: I have a friend who kicked his brother in the balls with his head and now hes dead. Ur advice?

They were only kids tho but both are in there 20 S

William John Light
William John Light
answered on Dec 8, 2017

How does one kick with his head?

4 Answers | Asked in Wrongful Death for California on
Q: Can a hospital be sued for wrongful death or do you sue for medical malpractice in that instance?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 4, 2017

In that instance they are the same, so long as the death resulted from the provision of health care (which is a standard which can be a little tricky in some cases). Wrongful death caused by medical malpractice. The action is subject to the medical malpractice rules.

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2 Answers | Asked in Civil Litigation, Criminal Law, Federal Crimes and Wrongful Death for California on
Q: I havea problem involving murder with intent to kill ,premeditated corruption, prostitution,and two dear missing friends
William John Light
William John Light
answered on Nov 20, 2017

I would think that corruption would always be premeditated, but that's probably another discussion. Needless to say, you need to consult with an attorney. These kinds of problems cannot be solved over the internet.

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1 Answer | Asked in Animal / Dog Law, Criminal Law, Personal Injury and Wrongful Death for California on
Q: My brother assaultted me during this assault he killed my dog what can I do what can I take him to court for

He won't let me get my property out of his house I filed assault charges against him I want him to pay for the assault n for the dealt of my dog wen he was chocking me n be my arm went through the window. He pulled me back in n he tripped him self n wen we fell he landed on my dog n killed him

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2017

that sounds like an accidental death.

did the police come? they arrest him?

you can always make a late report but it does not have the same value as a call right after the incident

1 Answer | Asked in Animal / Dog Law, Federal Crimes and Wrongful Death for California on
Q: Can I press charges against someone who intentionally hit my dog?

Our dog got out of the gate this morning and was struck by a truck coming at full speed. My dog was very visible in the road but the truck did not stop. After running her over, they reversed over her again, and drove over her a 3rd time. I have them on video from our security cameras. Is there any... View More

William John Light
William John Light
answered on Nov 16, 2017

It is hit and run, which is a misdemeanor if another person's property was damaged. Dogs are considered property. Call the police, make a report. It's up to them whether to pursue it.

2 Answers | Asked in Wrongful Death for California on
Q: Do I have to be related to the person who died in order to file a wrongful death claim? Or can I file for a friend I was

with when they died from another person's negligence?

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

The person has to be related. The claim is filed by the estate. You should consult a member of CAOC in the county where it happened. They give free consultations.

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5 Answers | Asked in Wrongful Death for California on
Q: Is there a time limit for filing a wrongful death claim? What if my spouse died and I was severely injured and that

delayed my ability to file?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 1, 2017

For most wrongful death actions, the statute of limitations is 2 years. For medical malpractice, it is usually 1 year. If it is a claim against a governmental entity, the claim must be filed within 6 months. If you have missed any of the applicable deadlines, speak with an attorney immediately... View More

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1 Answer | Asked in Small Claims and Wrongful Death for California on
Q: Am I still entitled to the settlement if I sign off that I want nothing to do with it?

My brother is suing the care facility that neglected to call 911 right away when they found our elderly mother on the floor instead they just picked her up and put her back on the bed. Later she was unresponsive and died of head trauma. It happened in California I live in Kansas and he wants me to... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

No because you signed it.

Why not not sign it, see what happens.

You may want to consult with an attorney or the attorney representing the estate.

2 Answers | Asked in Wrongful Death for California on
Q: Are step children entitled to part of the wrongful death settlement from their stepmother's death?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 20, 2017

Generally, if they can show they were financially dependent on the deceased person, yes.

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2 Answers | Asked in Wrongful Death for California on
Q: I just found out my sister filed a wrongful death claim for my father and got some money. Am I entitled to any of it?
William John Light
William John Light
answered on Oct 6, 2017

Yes, you can sue any wrongful death plaintiffs that did not join you to the action, so that you can receive your share of the wrongful death damages.

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3 Answers | Asked in Wrongful Death for California on
Q: what information/evidence is required to file a wrongful death suite ?

I was driven by a friend to visit my mother at an assistant living facility at noon, lunch time in which she would be up and eating with the other people living at the residence.3 people including my mother.Upon arrival I knocked and was allowed entry from an employee,not the Owner/Operator.My... View More

Louis George Fazzi
Louis George Fazzi
answered on Oct 6, 2017

There are many good lawyers and law firms in the Sacramento area which you should call for help. Most likely you will want to contact a lawyer or firm with experience in medical malpractice matters.

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