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California Wrongful Death Questions & Answers
3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.

Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit?

James Otto Heiting
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James Otto Heiting
answered on Oct 6, 2023

With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up.... View More

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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

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: What would be the best type of lawsuit over my daughter's death?

My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as "normal." The standard of care is to closely follow growth with more ultrasounds in the case... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 18, 2023

It would be wrongful death resulting from medical malpractice. Your problem however is the fact that there is no treatment for abnormal or marginal cord placement. To have a claim based on malpractice, you would have to prove malpractice caused the injury (i.e. your daughter's death). If... View More

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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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2 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: why is there no charge of homicide only arson.

Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at... View More

Christopher Walsh
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Christopher Walsh
answered on Sep 4, 2023

As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect... View More

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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: We have retained a lawyer to investigate a hit and run that killed my parents. Can you give me an idea how much $$?

How much is an average retainer in San Diego?

How many accidents should occur on a single street to justify a traffic signal be installed?

William John Light
William John Light
answered on Aug 10, 2023

There are many variable into "how much", such as the amount of insurance coverage, the comparative fault of all of the drivers, the number of claimants to divide the insurance, etc. We don't know any of that so no one can even begin to say "how much." If there is an issue... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: My sister was in a fatal car accident. They made her wait 4 hours then she had to walk home. Why no ride?

My parents where killed and nobody gave her a ride home. She was told to go to a diffrent hospital and missed my moms death by 10 minutes, Why did they do this?

William John Light
William John Light
answered on Aug 10, 2023

I am sorry for your loss.

The continuous posting of questions is beyond the scope of this forum. If you have a multitude of questions, just call a wrongful death attorney to discuss your potential claims.

As to your questions: The police do not have to give anyone a ride. As to...
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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: If a driver is allowed to leave the seen of a fatal accident by SDPD why are they not looking for him now?

My family was in a fatal car accident. There were 3 young men however, the driver was allowed by police to leave the scene and is not wanted for hit and run, Why? He murdered my parents and thats it? What is my recourse?

William John Light
William John Light
answered on Aug 9, 2023

If he talked to police at the scene, it's not hit and run, by definition. The police are free to let people leave the scene.

Your recourse is to talk to a personal injury attorney about filing a lawsuit for wrongful death. It is up to the police to investigate, and up to the...
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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: If a driver leaves the scene of a fatal car accident and his mother shows up. She is as guilty?

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

William John Light
William John Light
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

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1 Answer | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: Your strategy for getting a documentary filmed at a funeral? Waivers... etc

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

James L. Arrasmith
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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...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: My mother passed in October the 4th 2017 from shock due to systemic infection. I want to know can I sue the hospital?

My mother had a catheter infection while she was in the hospital at UCSF

James L. Arrasmith
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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

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 Constitutional Law, Gov & Administrative Law, Probate and Wrongful Death for California on
Q: Brother’s Death Certificate not certified by a physician for his death and the deputy cornoner is fictitious

No signatures of certification. ME website says pending investigation. But not told this. How to solve this?

James L. Arrasmith
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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

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

1 Answer | Asked in Medical Malpractice and Wrongful Death for California on
Q: How can I find my mom's hospital records and medical videos taken my her team of Doctors? Riverside General hospital, ca

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

James L. Arrasmith
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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...
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4 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?

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

Randall R. Walton
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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

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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 Wrongful Death for California on
Q: What legal action could be taken against an in home hospice agency?

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.

William John Light
William John Light
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...
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