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California Wrongful Death Questions & Answers
1 Answer | Asked in Elder Law, Probate and Wrongful Death for California on
Q: Need to contest step-mother's petition for order determining title to my dad's Schwab account as a trust asset.

My dad's 2nd wife is suing for title to my recently deceased father's Schwab account which has over $200k. She says he "intended for the schwab account to be a trust asset." I am looking to see if I have a case or can make a stand saying that my father's intention was for... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2016

Well, you might want to hire an attorney with that much at stake. However if he wrote a will and left you out, it's very difficult to show undue influence unless he also excluded 2nd wife, all other family members, and even then it's not easy.

Focus on what is.But talk to a...
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1 Answer | Asked in Wrongful Death for California on
Q: My father was killed at work and 4 years later when the trial started my my mom manipulated a dismisal on my behalf

I feel that the law firm and my mom worked in cohence to receive me and any one to have action on loss of life due to a work related injury...all of a sudden during the trial one of the" jurors"???had a change of heart to were suposedly my mom wound up seddling out of court and has lied... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 8, 2016

You need to see what the estate records say. As a child you may have had a right to share in the estate. once you get to look at the papers you need to conact a member of caoc. they give free consultations.

1 Answer | Asked in Wrongful Death for California on
Q: my late husband was hospitalized and on fluid restriction -his brother and sister in law repeatedly gave him sodas

dr hollander wanted to know how he became so ill - he was orig admitted for post pitury tumor surgery complicatiion, csf leak after 6 months his heart functiion was down from 35 to 20 ejection fraction - he died Do I have recourse against the soda givers ? One one specific date he was given a big... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2016

Perhaps but if they have no money you will never collect any judgment. Difficult to say that was what did him in also given a compromised situation. Why not get a free consult from a member of www.caoc.org?

1 Answer | Asked in Public Benefits and Wrongful Death for California on
Q: Im currently on supplemental security income,last june2015 my daughter was killed ,im getting a lump sum.

I dont want to lose my benifets ,how do i go about protecting my small award which is concidered my daughters worth? without losing my benifiets the small amount is from wrongfull death case we just won .

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Your lawyer should be able to help you. If it is unfortunately a small amount, usually you work out a "spend down" program with the state --you will have to keep receipts but the items covrered have to be agreed to by the state.

1 Answer | Asked in Medical Malpractice and Wrongful Death for California on
Q: Dad had DNR hospital did not follow ended up poking hole in esophagus and my dad drown to death.

Was originally in there for pain mgmt. He had a heart attack which led to cpr . theypoked hole in his esophagus and didn't try to find the bleeding problem for 2 days was on life support for 1 week and once they pulled him off were giving him fluids by mouth and ice cream. The next day woke up... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Contact a member of the caoc.org who handles medical cases in your area. They give free consultations. Good luck!

2 Answers | Asked in Wrongful Death for California on
Q: I filed for wrongful death case for my husband and it settled. His estranged daughter got some of the settlement

She was only brought on to notify of this day of mediation when settled. Now I received charges breakdown from my atty. I was told by his assoc that I had to go over, sign if approved and they would then notify the daughter. Then I received an email last night from the lead atty that he had... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Not clear what's going on. Check with your lawyer. If you're not getting straight answers, get a second opinion from someone who can look at the details.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Wrongful Death for California on
Q: Does a Nevada hospital have a right to a lien in a wrongful death action filed by heirs?
Adam Studnicki
Adam Studnicki
answered on Oct 3, 2015

Lien laws can be tricky. The injury lawyer handling the case should know.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Wrongful Death for California on
Q: i need to know what forms have to be included when filing a wrongful death lawsuit in federal court?

i filed a tort wich is up soon, and now have found an attorney who will take my case. he will be filling it federally and told me i must file some paper work asap, he will be unavailable for a few weeks. so i need to file whatever papers before the tort runs out.

Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

Your lawyer should do your filings for you.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Wrongful Death for California on
Q: my brother and his wife died tragically in May in an apartment fire. I paid for their funerals?

their pastor and I tried to see if there was any insurance, we could not locate any except for an insurance that they had taken out early this year. how do I recoup the money paid for the funerals?

Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

I'm sorry to hear about that. Talk to a local probate lawyer to see if you have claims against their estates.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
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1 Answer | Asked in Wrongful Death for California on
Q: my 12 year son was misdinose and died in 2010 can I still file a clam
Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

I'm sorry for your loss. There are strict deadlines for making legal claims. It may be too late, but talk to a CA medical malpractice lawyer ASAP to make sure!

1 Answer | Asked in Wrongful Death for California on
Q: My husband committed suicide while incarcerated at santa rita jail, and its been a year already what option do i have,

Brusies on face and hands. Just how the jail went about it was wrong. Im his wife and had no say so at all, from the jail, to The coronors office, to The mortuaty, and the cemetery too.

Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

Talk to a local personal injury lawyer asap. There are strict deadlines for making legal claims, and those deadlines can be much shorter for claims against public entities and employees.

1 Answer | Asked in Wrongful Death for California on
Q: Can you sue a ambulance company if the driver says protocol is one way and agency says protocols is the another way

Mom fell in minimal pain. Ambulance refused to take us to the hospital we wanted they said protocol is to take you to nearest hospital. Emailed the agency that writes their protocols and they said it is the patients choice to go where they want unless it's life threating . In result they... View More

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

I'm sorry for your loss. Best to talk to a CA injury lawyer ASAP who is familiar with medical negligence cases. They can sort through the details and help you determine if there is a viable claim. Don't delay, as there are strict deadlines for making legal claims, and it takes time to... View More

1 Answer | Asked in Wrongful Death for California on
Q: My bro was killed by fresno p d. He was shoot 5 times in the back. Corroner said it was homicide. Does my family have a ca
Terrence Rubino
Terrence Rubino
answered on Dec 13, 2011

maybe. your parents would need to contact a reputable california attorney. most consultations are free. i am sorry for the grief your family has. sometimes there aren't real good answers for why bad things happen. there may not be a valid case but a california lawyer will be best equipped to... View More

1 Answer | Asked in Wrongful Death for California on
Q: What should I do?

When my husband had a heart attack I told ambulance drivers to take him to a specific hospital. Instead they took him to a hospital further away, he died en route or right after they got there.

Burton A. Padove
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answered on Jul 7, 2011

Please accpet my condolences, I suggest that you contact a California attorney to obtain and review the medical records to determine whether the delay caused your husband's death.

1 Answer | Asked in Wrongful Death for California on
Q: Looking for malpractice, wrongful death of my husband?

Dear Attorneys,

Do you take case on contingency?

After 5 months that my husband was hospitalized in Ronal Reagan Hospital, he died there.

I slept on a banch near him for these five months and hand recorded the horrible thing that went over ther.

For example, in this... View More

Burton A. Padove
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answered on Jul 7, 2011

I am sorry for your loss. I suggest that you perform an internet search for malpractice/worngful death attorneys in California. You can also look in the yellow pages or contact your local bar association for a referral.

1 Answer | Asked in Wrongful Death for California on
Q: What is a Hold Harmless Agreement? I have been asked to sign one in order to settle my survival/wrongful death claim.
Mark A. Siesel
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answered on May 26, 2011

A hold harmless agreement is essentially a document which establishes that whoever you are "holding harmless" (usually the defendant and his insurance company) you cannot sue in the future for any claims arising out of the same incident that caused the death. Whatever compensation you... View More

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