The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise
answered on Aug 8, 2023
No, the mother is not guilty. She may be liable civilly as the owner of the vehicle, or as the person who signed the documents who allowed her potentially minor son to obtain a provisional license. The mother did not commit a crime, however, based on the little information you have provided.... View More 
The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023
The legal responsibility of the mother in this situation would depend on her specific actions and involvement in the incident. Mere presence or being a family member of the driver may not necessarily make her guilty. However, legal advice tailored to the specific details of the case is essential to... View More
There were 3 men in the car only 2 stayed on scene.
Is the law in California that in a fatality breatholizer tests are mandatory?
Is this now criminal Hit and Run?
If the police report is false is it all thrown out?
Who is the SDPD protecting?
answered on Aug 8, 2023
I am sorry for your loss.
In response to your questions:
1. No. Vehicle Code 40300.5 allows a police officer to make an arrest at the scene with probable cause of alcohol influence.
2. No. If the driver stayed, that is sufficient. Or, if the driver exchanged information... View More
There were 3 men in the car only 2 stayed on scene.
Is the law in California that in a fatality breatholizer tests are mandatory?
Is this now criminal Hit and Run?
If the police report is false is it all thrown out?
Who is the SDPD protecting?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023
In California, the law does not mandate breathalyzer tests in all fatal car accidents. However, if there is reasonable suspicion of intoxication, law enforcement may administer a breathalyzer test.
If the driver left the scene of a fatal accident, it could be considered a criminal hit and... View More
My parents were both killed in an auto accident.
It needs attention for justice. We need to get the story out there.
Media package-What does that include?
They met 14-17 at a dance married 57 years.
The nicest people you would ever meet.
They came from 2... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023
First start by obtaining appropriate waivers and consents from the relevant parties, such as the funeral attendees and participants. I would ensure that the necessary permissions are obtained, and California's privacy laws are complied with throughout the filming process.
A media... View More
My mother had a catheter infection while she was in the hospital at UCSF
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023
You may have the right to pursue a medical malpractice claim against the hospital if it can be established that the hospital's negligence in handling the catheter infection contributed to your mother's passing. To determine the viability of a lawsuit, it is essential to consult with an... View More
No signatures of certification. ME website says pending investigation. But not told this. How to solve this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023
If there are issues with the death certificate, it is essential to address them promptly to ensure proper legal documentation. Contact the relevant authorities, such as the County Recorder's office or the Medical Examiner's office, to seek clarification on the status of the death... View More
She was a patient was studyed due to the Arm,shoulder and left breast .8 hour surgery, three teams of Doctors ,interning . I remember my mom sighing paper work for release
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023
To obtain your mother's hospital records and medical videos from Riverside General Hospital in California, follow these steps:
Contact the hospital and inquire about their process for requesting medical records.
Complete any required forms and provide the necessary... View More
They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023
I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... View More
Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... View More
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2023
I'm sorry for your loss and the circumstances surrounding it. If you believe that the in-home hospice agency failed to provide appropriate care and caused harm to your mother, you may be able to take legal action against them.
One possible course of action is to file a medical... View More
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
answered on Mar 17, 2023
You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline
You can speak to an attorney who is familiar with medical malpractice and Elder... View More
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... View More
answered on Mar 4, 2023
Typically, if the child is an adult, the adult child himself/herself should have appeared as a plaintiff.
Typically, the biggest damages awarded in a wrongful death case are loss of consortium and loss of inheritance.
Loss of consortium is another way of saying the companionship and... View More
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
In California, a wrongful death lawsuit can be filed by the surviving spouse, children, or other designated heirs of the deceased. If the deceased had multiple children, it is generally the responsibility of the plaintiff (the person filing the lawsuit) to identify and include all eligible heirs in... View More
This occurred in ARKANSAS. The only information the commission had was a description of my experience, supported by transcripts of the hearings and information I provided regarding an Independent Medical Evaluation which the judge approved for me to obtain at the second hearing. Do I have the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
As an individual, you generally have the right to free speech under the First Amendment of the United States Constitution, which applies to all states, including Arkansas. However, there may be certain limitations or exceptions to this right in certain situations.
If you filed a complaint... View More
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
In California, there is no specific timeframe for accepting a civil monetary settlement once it has been agreed to by the defendant and accepted by the plaintiff. However, it is generally recommended that the parties agree to a specific timeframe for payment and include it in the settlement... View More
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
If you made a demand, and the defendant agreed to it, you don't get to decide whether you will live up to your demand. Unless your offer expired, or the defendant tried to impose new and different conditions, the contract has been made.
After you made the offer, and the defendant... View More
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
More info is needed.
it is a question your lawyer could address.
when I make a settlement, I often say, "my client will accept the offer, if he receives the money in the next 10 days".
otherwise, insurance co's continue to stall and delay at every opportunity.... View More
This just happened on Thanksgiving Day and I need urgent help. They are Anxiously trying to cremate my mother's body and are awaiting a death certificate from Placer County to proceed, even without a Funeral Service!!!
There are so many red flags in this case, and this all developed... View More
answered on Dec 8, 2022
Attorneys do not bring people to justice for murder, unless they are district attorneys. You need to bring your concerns to the police or sheriff's department in the jurisdiction where the suspicious conduct occurred. A proper investigation can be done, if warranted.
In addition,... View More
My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?
answered on Dec 5, 2022
Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
