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California Wrongful Death Questions & Answers
3 Answers | Asked in Wrongful Death for California on
Q: What is the maximum you can be awarded in a wrongful death lawsuit?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 19, 2017

There is no maximum, except in medical malpractice cases, where the maximum "general" (non-economic) damages allowed is $250,000.

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6 Answers | Asked in Wrongful Death for California on
Q: If someone dies in a car accident on the way to work can their family sue the employer?
T. Andrew Miller
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answered on May 5, 2017

There are probably claims that the family of the person that passed can bring in this situation. Depending on the applicable state law, the chances of success may vary. You should speak with an attorney to help you sort this out and determine the best course of action. My office offers free... View More

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1 Answer | Asked in Criminal Law, White Collar Crime and Wrongful Death for California on
Q: My son was convicted of murder but they have no proof,

they are just trying to say that he did it due to his record violence​

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

Do you have a question?

2 Answers | Asked in Wrongful Death for California on
Q: Can you seek higher damages from a wrongful death defendant whose conduct was exceptionally bad?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 8, 2017

Yes, punitive damages are available when you can prove malice and intent in the killing. 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,... View More

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1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for California on
Q: My dog got attacked and ate by a blue pitbull can I sue them?

I was holding my dog in my hand

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 15, 2017

Yes, you can sue for conversion of personal property and assault on you. 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

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: Are there any rights for my dog that register she got hit by a car that didnt stop she had died on impact because of it

The car was speeding

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

You can report the incident to the police if you grabbed the license plate, and you can also sue for conversion of personal property if your dog was on a leash in your hand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Can a person who is a suspect in a wrongful death accident be sued even if they're not charged by the criminal courts
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

Yes, so long as there is a factual or legal basis for the lawsuit. 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 Car Accidents, Personal Injury, Products Liability and Wrongful Death for California on
Q: A dealer sold me a car with a defective air bag. If injured in a subsequent, would I be able to sue the dealer?

An auto dealership, under current federal law, is permitted to sell a used vehicle which currently has an open recall. However, given that the dealer could have looked up the VIN and determined that there was an open recall on the vehicle, would a jury determine that the dealer was negligent in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

The disclosure in writing suffices. It potentially replaces the mistaken recall information provided by the salesperson, depending on the facts and whether fraud can be proven if a rarified situation applies here. Contracts are what count and should be read. More details are necessary to provide a... View More

1 Answer | Asked in Wrongful Death for California on
Q: my mother was recently killed by a train, her back wheelchair wheel got stuck.

my mom was riding her wheel chair and her back wheel got stuck and a train hit her, my sister had contacted a wrongful death attorney, while our father who has been married to her before i was even born, i am 27, and they only have been togewther 2 years out of all those years actually living... View More

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

Contact your own attorney. Look for a member of CAOC. The attorney would have sent her a letter saying why he was dropping it.

1 Answer | Asked in Wrongful Death for California on
Q: can family of intruder sue homeowner for killing him on the driveway?

The two men killed during a home invasion west of XXXX Monday morning were the robbers, according to the XXX County Sheriff’s Office, and the residents who shot them are missing. Deputies were called just after 10AM on a report of an attempted carjacking at a home at the west end of XXX Road.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

See my answer to your identical question here. 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 appearances/ publications... View More

2 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: can a homeowner be sued for killing intruder?

3 men tried to get in a home owner shoots from inside the house killing one in the driveway the other 2 fled the homeowner chased the and shot giving back and forth returns to the house and leaves hides for days then returns claiming self defence the 2 intruders stop at a gas station for help and... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 17, 2017

Depends on the scenario, were they armed etc. Why not get a consultation from your homeowners insurance if you are the property owner, if you are from the family of the criminals, contact an attorney who gives free consultations.

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2 Answers | Asked in Criminal Law, Personal Injury, Legal Malpractice and Wrongful Death for California on
Q: attn, got partial disbursement on his own and they sent me junk 3 party ck that I couldn't cash so I then made a request

for less money to me 35k and 15k to attn. who had said he needed more and he changed my request to get me 50k and him 15k now he has gone thru that and says needs more and I suggested taking some from the final disbursement coming soon but he started the whole SNAFU on his own and surprised me with... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Your facts are vague and need clarification. 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 appearances/ publications on... View More

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1 Answer | Asked in Wrongful Death for California on
Q: Is there an instance where going through arbitration for a wrongful death claim would be preferable to a lawsuit?
Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

Depnds on the facts. If you had a very tough claim, arbitrators may be more favorable compared with a jury. It depends on who is doing the arbitration. If you don't have an attorney, contact a member of CAOC--they give free consults.

1 Answer | Asked in Wrongful Death for California on
Q: I need medical information for my father's wrongful death claim I'm filing but the doctor won't give me the information

due to patient-physician privilege. Doesn't this end at a patient's death?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 8, 2017

Hopefully your father had a living will re: the person who could access his medical records. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

2 Answers | Asked in Criminal Law, Estate Planning, Personal Injury and Wrongful Death for California on
Q: Uncle stole money from our grandmother's lawsuit.

My grandmother was struck by a truck that ran a red light, our family sued and was awarded a large amount of money. My brother and I were supposed to receive $41,000 each. We were never aware of the lawsuit or the awarded money until an aunt mentioned it. We were furious and apparently our uncle... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2016

Assumiong he didn't have an estate opened, the Attorney General's office might be someone to spaek with. If an attorney was involved, the bar association should know. Suggest you find the court papers, make a copy of the docket sheet, look up the entries on the judgment, see if there was... View More

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1 Answer | Asked in Wrongful Death for California on
Q: My husband died due to a dangerous road condition (there was an entire slab of concrete missing from a road and his car

hit it dead-on). If he was wearing a seat belt, driving the speed limit, and otherwise doing everything he was supposed to, is there any way to get around a government's defense of eminent domain?

Peter N. Munsing
Peter N. Munsing
answered on Dec 13, 2016

You are thinking of sovreign immunity. I would suggest you contact a member of CAOC who handles "crashworthiness" cases. They give free consultations. If you need names let me know.

1 Answer | Asked in Wrongful Death for California on
Q: What're the requirements to recover for mental anguish and suffering associated w/ the death of a spouse in California?
Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

You have to show that someone else caused that death through carelessness. You want to contact a member of CAOC--they give free consults. If you were divorced you would no longer have that claim. If separated, the claim is weaker but still there.

1 Answer | Asked in Wrongful Death for California on
Q: My partner of 16 years died on the job. We're not married, but did jointly own a house.

Am I able to file a wrongful death claim even if we're not married?

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

Generally no, but contact a member of caoc to be sure. Check with your records to see if you had mortgage life insurance.

If he had insurance you may be a beneficiary.

1 Answer | Asked in Personal Injury and Wrongful Death for California on
Q: We just saw a program about Robert Blake. He was sue in civil court and had to pay the victims. OJ lost did did not pay

Why?

Peter N. Munsing
Peter N. Munsing
answered on Sep 15, 2016

Oj's Heisman trophy was sold for $500,000 I believe. His house was under water. He had no assets the family could find.

Blake may or may not be able to pay all the money. He filed for bankruptcy.His victims family may have gotten a bit more but not much.

1 Answer | Asked in Wrongful Death for California on
Q: My sister was killed three weeks ago.shs was in the crosswalk she had rite of way.a 23 yr.old girl struck and killed my

Sister.no how can I find out weather or. Ot my mom filing a suit.and is leaving me out of it

Peter N. Munsing
Peter N. Munsing
answered on Aug 14, 2016

So sorry you have to go through this. Your mom, if she is seeing a lawyer, would be filing a claim for the estate--and that includes you. However understand as a sib your rights are relatively limited, no matter how close you were. This is wrong, but it's the way the law is. You would find out... View More

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