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California Wrongful Death Questions & Answers
2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

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?

William John Light
William John Light
answered on Dec 5, 2022

If she was married to your father at the time of his death, she likely needs to be included. The fact of re-marriage would likely affect her claim for damages, though. Discuss with a knowledgeable personal injury attorney.

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2 Answers | Asked in Wrongful Death for California on
Q: How do lawyers go about demands in wrongful death cases?

I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance... View More

William John Light
William John Light
answered on Apr 25, 2024

These questions should be answered by your attorney, who is paid for this information. However:

1. Insurance companies don't drop the ball and let their insureds fend for themselves. If that happened, it would be the best possible result for you because some serious consequences for...
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1 Answer | Asked in Libel & Slander, Personal Injury and Wrongful Death for California on
Q: I am a victim of Remote neurological monitoring and V2K voice to skull tourcher and gangstaked by anyone around me

The person behind this is a ex secret service agent and FBI agent from Redding and Roseville

James L. Arrasmith
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answered on Apr 23, 2024

I'm sorry to hear about your distressing experiences. It sounds like you're going through a very tough time. However, it's important to know that the technologies and scenarios you're describing, like remote neurological monitoring and "V2K voice to skull," are not... View More

1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes and Wrongful Death for California on
Q: What if a police officer shoots an undercover FBI agent thinking it's an armed criminal?

A fictional situation in the USA, California, 2004: An undercover FBI agent (without a support team, alone, and looking like a civilian) watches an armed murder take place in the street. After a gunshot is fired, he rushes in pursuit of the perpetrator. In front of the police officer who reacted to... View More

James L. Arrasmith
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answered on Apr 14, 2024

This is a complex legal situation involving the use of deadly force by a police officer against an undercover FBI agent. The key factors would be whether the officer's actions were reasonable given the circumstances and information available to them at the time.

In general, police...
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1 Answer | Asked in Wrongful Death for California on
Q: DESPERATELY IN NEED OF A LAWYER,TO WIN THIS OVER FOR MY MOM,HOW CAN WE PUT THEM AWAY AND MAKE THEM PAY EVERY PENNY BACK?

My mom had first stages of dementia about 2 years ago she recently passed away she is my best friend. I took care of her full-time everyday for almost 8 months, meanwhile her boys who she trusted most and my brother just started to get durable power of attorney, HE THEN ROBED HER OF ALL HER SAVINGS... View More

James L. Arrasmith
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answered on Sep 20, 2023

I'm very sorry to hear about this traumatic experience. In a situation with serious allegations such as these, it is critical to consult with an experienced attorney who can help you navigate the legal intricacies involved. They will likely advise gathering all relevant documentation (like... View More

2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Give a good reason for tolling the malpractice 1 year cutoff

The spouse could not see malpractice until after she followed with cancer diagnosis too.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 18, 2023

I'll give you 4-good reasons:

1) minor

2) out of the state

3) prison, or

4) insane

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Q: I HAVE SEVERAL QUESTIONS. CENSUS. RELATED OCR MATERIALS. COURP BUSSINESS. HUNTER. ID. ??? ALL FACTORS STATE FEDERAL CA

I DO. PCR RESULTS. IDENTY THEFT. PROBE. GOV. HUMAN SUBJECT. SEALED

James L. Arrasmith
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answered on Jul 28, 2023

I understand that you have several questions related to census, OCR materials, corporate business, hunter identification, PCR results, identity theft, government probes, human subjects, and sealed information. However, your inquiry is unclear and appears to be a mix of different topics. To provide... View More

1 Answer | Asked in Wrongful Death, Personal Injury and Medical Malpractice for California on
Q: Can I take legal action against a hospital and my OBGYN?

When I was 16 weeks pregnant I started having heavy bleeding and went to my OB and two Emergency rooms and was told not to do any heavy lifting due to my placenta being low. I was in and out of of both places for three weeks and I asked many times if I should go on bed rest and was told each time... View More

James L. Arrasmith
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answered on Jul 7, 2023

I'm sorry to hear about your miscarriage and the difficulties you faced during your pregnancy. If you believe there may have been negligence or malpractice, it would be worth consulting a personal injury attorney who specializes in medical malpractice cases. They can evaluate your situation,... View More

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: What case can you note where a CA malpractice claim can be tolled?

Need to claim a letter date than death of my husband to start the clock on a malpractice case

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2023

A California attorney could advise best, but your question remains open for a week. It could sometimes be difficult to get accurate input in terms of a case citation on a public forum. Such settings can be issue and fact-specific (for example, the discovery rule, where applicable per a... View More

2 Answers | Asked in Stockbroker Fraud, Trademark and Wrongful Death for California on
Q: I am ok with opting in my information now too but I understand the critics I don’t need that though what I need help

Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 23, 2023

you must clarify what you are asking.........

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1 Answer | Asked in Personal Injury, Elder Law, Medical Malpractice and Wrongful Death for California on
Q: If we file now a change of defendant names of a 2022 case, can we consider it as new filing in 2023 with new MICRA CAP?
Dale S. Gribow
Dale S. Gribow
answered on Apr 6, 2023

i think this is the question i just spent an hour discussing with you.

one of the biggest issues will be that the victim was 89 and one would not expect to have economic damages. Thus you would be limited to statutory amounts.

most of the lawyers I know will not take a med mal worth...
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2 Answers | Asked in Libel & Slander and Wrongful Death for California on
Q: How do I make a chopshop pay for stealing and chopping up my car

I have knowledge of the owner and all the workers involved.im tired of these losers I want my car back n they must pay

William John Light
William John Light
answered on Jan 4, 2023

Call the police. Sounds like you've been the victim of a crime.

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1 Answer | Asked in Wrongful Death for California on
Q: Should cornerhave madeapolice report ruled itaccidentaldeath when doctors knew shecould not make it out surgery no appro

Hospital never contacted me for the approval of my mother's surgery they took her in without notifying

Dale S. Gribow
Dale S. Gribow
answered on Dec 7, 2022

A LAWYER WOULD HAVE TO KNOW ALL THE FACTS TO ANSWER THIS QUESTION.

DID YOU HAVE A POWER OF ATTORNEY THAT WAS SHARED WITH ALL?

2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: Is there representation in the Sacramento area? My case is against a hospital & its doctors: misdiagnosis/malpractice

I was pregnant when I went to the emergency department for lower abdominal pain. The doctor and OBGYN diagnosed the pregnancy as ectopic and treated for it the same day. Two weeks later I returned to the hospital to find out that they misdiagnosed me, the fetus was in my uterus and they gave me a... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 4, 2022

You need a medical malpractice lawyer. Go to the top of this page and click on Find a Lawyer. Enter Medical Malpractice and Sacramento in the drop down menu. Call a few med-mal lawyers and pick the one you are most comfortable with. Good luck. Patrick Steinfeld

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2 Answers | Asked in Wrongful Death for California on
Q: So I should seek out a medical malpractice lawyer?
Tobie B. Waxman
Tobie B. Waxman
answered on Oct 31, 2022

If you suspect medical malpractice caused the death of a close relative, then you should consult with an attorney to determine whether your claim is viable and regarding your rights. Note that there is a 1-year statute of limitations on wrongful death claims that are based on medical malpractice.... View More

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1 Answer | Asked in Wrongful Death for California on
Q: my father went to the hospital and died within the 24 hours they had him there can I file a wrongful death suit

They said he had only one functioning kidney so they did an emergency dialysis treatment they also said he had COVID 19 yet All of us who had full contact with him never tested positive for COVID 19 and his death certificate does not mention COVID 19 he was in the hospital from around 1pm and... View More

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

The family should speak with a local attorney handling medical malpractice matters. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: When a medical professional preforms a medical procedure and fails, making a mistake, are they not liable for any damage

The procedure was a heart valve clip. They misplaced the clip. Then, which is rare, they attempted to place a second clip, it failed. Now the heart has irreparable damage. Before the procedure they said I had about 10 years. They said that the procedure could add as much as another 10 years. Now... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 24, 2022

i get calls on these types of issues daily.

call a lawyer who does medical malpractice and go over the facts.

from what you said it sounds like Negligence and thus medical malpractice.

you want to act fast as you will want a lawyer to confirm with med professionals that what...
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1 Answer | Asked in Civil Rights, Medical Malpractice and Wrongful Death for California on
Q: Mother died in hospital due to severe medical negligence.

Went in to have fractured tailbone assessed. 2 minutes before release, given another shot of Dilaudud, causing her respiratory to plummet. Kept in ER for 2 days then was admitted. Given no food or water for 3 full days, oxygen glow rate set 15 ml higher than the FDA advised maximum amount... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 12, 2022

this is not a case i would handle.

however, there are lot of reasons for rejecting a case.

most of my friends who do med mal will not take a case worth less than $1Million dollars.

they are very costly to litigate.......if you offer to front costs they may take it....
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1 Answer | Asked in Libel & Slander, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: The county of Santa Cruz is using my birth certificate for a promissory note to pay for everything from A to Z.
Dale S. Gribow
Dale S. Gribow
answered on Sep 28, 2022

are you sure it is the county and not an ID Theft?

contact your local police

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Wrongful Death for California on
Q: What to do when you have just found out you have only 4 months to file a big and maybe federal wrongful death suit?

My husband died, Navy, training accident. 2004. Found out about 10 years later, it was a lot worse than I was told. I wasn’t sure where to go to get help and I want sure of the statutes etc. I ended up finding out that our daughter can still file. Because she was so little when it happened, she... View More

William John Light
William John Light
answered on Sep 19, 2022

Find an attorney familiar with the Federal Tort Claims Act. Every case is different. How much someone else may gotten has no relevance to your daughter's claim.

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