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California Wrongful Death Questions & Answers
4 Answers | Asked in Wrongful Death for California on
Q: If my daughter died in the Las Vegas massacre but lived in California where do I process wrongful death case?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 4, 2017

Sincere condolences to you and your family. The case should be brought in Nevada.

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1 Answer | Asked in Wrongful Death for California on
Q: What's the average settlement in a wrongful death lawsuit?

I have seen where the family members of injured or killed criminals have sued the victim of a break in. I am looking into purchasing insurance to cover this (civil protection along with criminal defense) but would like to know how much coverage I actually need. Any thoughts or advice would be... View More

William John Light
William John Light
answered on Oct 3, 2017

You can't buy insurance for criminal defense.

As for a homeowner's policy, the value of a wrongful death case depends on comparative fault (between the Decedent and the person at fault for killing him), life expectancy, earnings potential, the value of the love, comfort, society...
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1 Answer | Asked in Wrongful Death for California on
Q: How do i open up cold case 1976 my aunt was found dead in keys canel. Was last scene with a guy named frank at time no

One would talk and the police did not invistgate that a farmer where my aunts nude body was found a man speed away

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2017

It's virtually impossible for you to do it. However there are groups of retired police who look at cold cases. See if they would be interested.

1 Answer | Asked in Wrongful Death for California on
Q: I don't feel like my mother was given the proper information about her DNR and now she's dead.

Can I file a wrongful death claim?

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2017

Contact a member of the CAOC, as they give free consultations, however unless your lawyer can prove that she would have survived if resussitated, then I wouldn't see a case. Usually if someone is in a DNR situation they are significantly compromised.

4 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: If a family member was found on a public street and then past away could the city be held liable?

The side of the street where you walk is dark and has no lighting. There is minimal light from across the street from 1 or 2 lamp posts

William John Light
William John Light
answered on Sep 21, 2017

Cities have no obligation to prevent darkness. However, there may be other avenues of liability. I suggest speaking with a PI attorney to learn more about the possible case.

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1 Answer | Asked in Wrongful Death for California on
Q: Do parents of someone who died get a portion of any legal settlement?

The person died without any children of his own and now his mother believes she is entitled to some of the money along with his wife.

William John Light
William John Light
answered on Sep 2, 2017

If there is a wrongful death case, there must be attorneys involved. Ask them. If there aren't attorneys, get one. In a wrongful death case, parents of adult children can be plaintiffs if the adult child is not married, had no children, or the parents are financially dependent on the... View More

1 Answer | Asked in Family Law, Probate and Wrongful Death for California on
Q: My moms husband just died by her stepsons ending life support without her consent is this legal??

My mom went in to visit her husband Wednesday morning Dr said he was getting better and he maybe would pull thru. Well when she had left her husbands son's for some reason had some kind of authority over there dad's life without consulting with my mom and decided to sign papers at the... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

The individual can decide who will make those decisions. For whatever reason your mom's husband chose his son and not her. However the "getting better might pull through" and then dead suggests that it was not a pull the plug situation. She should contact a member of CAOC who handles... View More

1 Answer | Asked in Personal Injury and Wrongful Death for California on
Q: How much progress has your firm made by using Justia?
David Alan Wolf
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answered on Jul 31, 2017

I am not sure of the context of the question. As a law firm client, I have worked with Justia for over 10 years. The company, staff, and management are all top notch. Justia serves its clients well and also serves the public in providing free legal resources and information.

1 Answer | Asked in Wrongful Death for California on
Q: My wifes mom passed away last week for lung cancer. She also found out she was born with one lung. She lived in Tory Ut

she lived there from 1942 tell 1958. Her mom won a case of Downwinder on a claim on her dad. Can we file a claim on her mom? Her mom passed away in Sacrameo CA

William John Light
William John Light
answered on Jul 28, 2017

Potentially, yes. It is unclear when the cancer/one lung condition was diagnosed and whether that may affect a claim. I believe that Downwinder claims are limited to $50k.

https://www.justice.gov/civil/common/reca

4 Answers | Asked in Wrongful Death for California on
Q: I'm the executor of an estate

-- some of the parties who will receive money want me to also sue for wrongful death of the person that died. I'm reluctant to do that - am I the only one who can make a claim?

William John Light
William John Light
answered on Jul 20, 2017

The executor would not sue. The parties to a wrongful death action are "the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would... View More

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2 Answers | Asked in Wrongful Death and Workers' Compensation for California on
Q: My husband died on the job out of state - where would we file a lawsuit if we decided to do it?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

It depends on the facts, but you may be able to sue where he died, where he lived, or where the defendant lives/ does business. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... View More

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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: my sister was murdered 28 years ago. it was a cold case for 25. they caught the guy whos dna was on my sisters body,

he was arrested and was in jail 3 years he admitted to participating in the murder, and was found not guilty. how do i go about starting a civil suit against him?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

When did you learn his identity? The statute of limitations may have run out. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: Hi, I was arrested 2 weeks ago for vandalism, I pop 2 tires of a car and the owner saw me on camera.

The reason why I did it it's because he's the mananger at the place where my girlfriend work and he was always behind her trying to get at her.and she told him to stop and he started sending her text messages afor days until I found out.my girlfriend was scared of losing her job and I was... View More

William John Light
William John Light
answered on Jun 26, 2017

You have the right to remain silent. It does no good when you go on websites and admit to the crimes of which you have been accused. Get a criminal defense attorney. Your girlfriend should make a complaint to the HR department and keep records of the text messages.

3 Answers | Asked in Family Law, Medical Malpractice, Wrongful Death and Health Care Law for California on
Q: State of CA - Family member has medical records of a deceased, can he share those with a patient advocacy org.?

There was no will left by the deceased, who had no assets either, hence there was no elected beneficiary, no personal representative or administrator of will. Just immediate next of kin. Would the family member get in trouble for any HIPAA violation were he to share the medical records with an... View More

William John Light
William John Light
answered on Jun 23, 2017

The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html. The person releasing the... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Can you seek damages for pain and suffering in a wrongful death case?
Jonathan S. Dennis
Jonathan S. Dennis
answered on Jun 23, 2017

No you cannot recover for pain and suffering for wrongful death in California. In California, you can recover the following damages for a Wrongful Death lawsuit:

1. The financial support, if any, that the Decedent would have contributed to the family during either the life expectancy that...
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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Wrongful Death for California on
Q: Can I hold my landlord responsible for the death of my dog for his negligence to fix the fence?

I've lived at this home for over 4 months and apparently the old tenant took the fence for some reason. I've asked the landlord plenty of times to fix the fence since I have two dogs (one is my service dog) and he is also charging me extra to have them on the property. Fence gate was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 20, 2017

What does the lease say about the fence? How did your dog die? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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1 Answer | Asked in Wrongful Death for California on
Q: Obtaining court records from a class action wrongful death suit from approximately 35 years ago.

Is there a way to obtain court records from a wrongful death suit in California from approximately 35 years ago? My mother died (due to negligence) at Metropolitan State Hospital in Norwalk, Ca. in 1973. There was a lawsuit (a class action lawsuit I believe) which was probably settled around 1977.... View More

William John Light
William John Light
answered on Jun 11, 2017

Court files from that long ago are stored at the Archives and Records Center in downtown Los Angeles. You will need the case name, case number or at least the names of one of the plaintiffs to locate the file(s). http://www.lacourt.org/generalinfo/Archives/GI_AR001.aspx

2 Answers | Asked in Wrongful Death for California on
Q: If my cousin was killed 4 and half years ago can I still make a wrongful death claim?
William John Light
William John Light
answered on Jun 2, 2017

You probably cannot. The persons who might have be able to make a claim would be your cousin's parents, brothers and sisters, and/or children. Most likely, the statute of limitations on such a claim would be two years. Any claims belonging to adults is probably expired. Claims belonging to... View More

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1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Wrongful Death for California on
Q: When a deceased body is being transported from state to state is a mandatory autopsy performed?

My father in law was flown from Missouri to California after he was murdered in a Missouri State Prison. We were told that an autopsy must be performed by both states. Is this correct?

William John Light
William John Light
answered on Jun 1, 2017

Under federal law, CEOs of prisons may order an autopsy of an inmate if they died from murder, suicide, illness, accident or any unexplained death. http://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-4045.html

I'm not sure why California would conduct an...
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2 Answers | Asked in Wrongful Death, Criminal Law and Civil Rights for California on
Q: can someone be cleared from a conviction if they are deceased, and you have possible proof of wrongful conviction

my father in law was wrongfully convicted and given a life sentence he has been murdered while incarcerated for this crime. we may have proof he was wrongfully convicted. Can his name still be cleared.

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

You can try for a pardon.

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