Ask a Question

Get free answers to your Wrongful Death legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Wrongful Death Questions & Answers
1 Answer | Asked in Legal Malpractice and Wrongful Death for California on
Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from

Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: why is this case necessary in times likes this

Atkins v. Virginia

Rhonda Mae Hixon
Rhonda Mae Hixon
answered on May 22, 2019

Atkins v Virginia, decided in 2002, held that it is a violation of the 8th Amendment prohibition against cruel and unusual punishment to execute a "mentally retarded" defendant, finding that " the large number of States prohibiting the execution of mentally retarded persons... View More

1 Answer | Asked in Wrongful Death for California on
Q: someone intentionally makes your life miserable creates serious problems , person start seriously think about suicide
William John Light
William John Light
answered on May 4, 2019

I don't think that someone who makes your life miserable is going to be liable for suicide. However, if someone encourages and/or provides other support for such an action, liability might be possible. Talk to a mental health counselor. There are resources to help.

2 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: Which has priority? Wrongful death claim or claims by insurance companies for property damage for claims they paid out?
William John Light
William John Light
answered on Mar 12, 2019

Neither. Bodily injury claims and property damage claims have separate limits in liability policies. The damages paid out for one does not affect the other. Facts to consider include the number of claimants, the economic damages (loss of financial support due to absence of the decedent),... View More

View More Answers

3 Answers | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: arrested for vehicular manslaughter on atv but blood results for alcohol came back normal, what happens next?

arrested for vehicular manslaughter with suspesion for dui but blood alcohol level was normal but someone did end up dying in the crash, what happens to the driver? how long does a case like this usually take?

Driving a atv and it crashed or tipped and everyone was thrown out, no one in... View More

William John Light
William John Light
answered on Feb 27, 2019

It could be over tomorrow. It could go through trial and appeals and take years. Every case is different. What happens to the driver depends on the facts of the incident, which you haven't shared.

View More Answers

1 Answer | Asked in Federal Crimes and Wrongful Death for California on
Q: How do I go about getting a phone unlocked that may obtain crucial evidence about my sisters death involving fentanyl?

Police are not doing a criminal investigation and I have reason to believe her death was no over dose, but in fact a homicide. I believe her phone contains information that can help me find the truth. How can I get the police to assist in getting the phone unlocked?

William John Light
William John Light
answered on Feb 22, 2019

Not sure, but I would contact the phone manufacturer with evidence that I was the heir, or had legal authority to access the phone, and request its help.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Is it illegal to kill the other persons dog if both dogs are engaged in fighting and neither owner can break them apart?

Neighbors dog walked in front of my houseboff leash. My dog then ran out the front door and out the unfortunatly opened gate. Both pitbulls angaed in a fight. We were not succeeding in breakig them apart. My neighbor grabbed his gun shot and killed my dog. How good of a case do i have? My dog was... View More

William John Light
William John Light
answered on Feb 18, 2019

If you had a case, it would be for the value of the dog. I don't know whether what he did was illegal. However, if he had called the police instead, what do you think they would have done?

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on
Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

Hottest day of the year 107 outside, corrugated warehouse line work-it had to be 147- the warehouse cooled by a single box fan, Ross, my deceased partner said- Supervisor admitted to me at the hospital they realized the heat danger and called unscheduled break for snow cones outside- Ross got to... View More

Ronald Mahurin
Ronald Mahurin
answered on Jan 26, 2019

clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to... View More

View More Answers

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for California on
Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?

Uncle admitted to hospital 12/11/18, then dies of kidney failure on 12/20/18, County Coroner calls us on 1/08/19 and tells us the report from hospital reads "No Family". Our family has been trusting this hospital for over 50 years, his sister died there 6 months ago which is how the... View More

William John Light
William John Light
answered on Jan 16, 2019

I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin.... View More

1 Answer | Asked in Wrongful Death for California on
Q: How do you handle a lawyer that does not want to use the facts and fight but given to the defense for ease?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2019

You could consult with another attorney in California.

Tim Akpinar

1 Answer | Asked in Civil Litigation and Wrongful Death for California on
Q: Can two plaintiffs sue a sibling for max of 7,500 each within one small claims lawsuit case? total of 15,000

Sister named executor in home drafted will left by our mother. A verbal contract was added later.

William John Light
William John Light
answered on Jan 7, 2019

If they are different claims, you can. If it's the same claim and they are jointly liable, then you can't.

1 Answer | Asked in Wrongful Death for California on
Q: How can I help this mother get closure from her sons suspicious death in foster care?

I have a close friend who's healthy 12 year old son was found dead, face down in a bathtub of water, with his pants down while in the custody of foster care. Her story is unimaginable. The autopsy states the cause of death was undetermined... There was incorrect information regarding the... View More

William John Light
William John Light
answered on Dec 31, 2018

It is highly doubtful that you are going to be able to adequately investigate a death from 17 years ago. You can try to get the body exhumed and hire a pathologist to perform an autopsy. Be prepared to spend about $10,000, at least. Whatever that determines may lead you to other lines of inquiry... View More

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: My brother surrendered .y dog to the animal shelter whom put it to sleep but never notified me
William John Light
William John Light
answered on Dec 31, 2018

You have left out a lot of facts: like why your brother did that? Why you didn't get the dog from the shelter? Depending on facts, taking the dog to the shelter may have been the proper thing to do. Putting the dog to sleep might have been the proper thing to do. Without the full story, no... View More

1 Answer | Asked in Wrongful Death, Health Care Law and Medical Malpractice for California on
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
William John Light
William John Light
answered on Dec 28, 2018

Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.

1 Answer | Asked in Wrongful Death for California on
Q: Hi I would like to no if u can sue for a lightning rod that harmed u pretty much a tempte of murder me

I had got hit with lightning but have a lightning rod of the proper person going into right derection in what I wanted to no who could destroy my life in all the ways like they truly did ya it's tru but haven't now till now thanks have a nice day

William John Light
William John Light
answered on Dec 18, 2018

Very unclear what happened. If someone installed a lightning rod improperly, and you were injured as a result, you might have a claim. Consult with a knowledgeable PI attorney to a detailed evaluation of exactly what happened to you.

1 Answer | Asked in Wrongful Death for California on
Q: Plaintiffs attorney hires expert Expert is friend of defendant and support defendant Is it mandatory to keep him?

The original attorney is fired for this reason but new attorney States LA Superior Ct requires retaining this expert, friend of the defendent,opened rehab together, supports dependent in wrongful death. Dependent w/o license has sober companions provide drugs/alcohol. After 7 months of no MD txt... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 14, 2018

It may be if the case is ready for trial and the expert was listed. It may be possible to petition the court to get that permitted but you need to sit down with the lawyer on this.

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Wrongful Death for California on
Q: After two years of human trafficking, 5 years of attempted taking of a life, and finally death

A person continually goes missing over 2 years, is controlled with drugs, sold it's finally found by the police and described as a victim of human trafficking.The district attorney blames the victim citing sheet and should not have gotten into the position she's in at that... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 14, 2018

Not sure this is a question but it's up to the authorities to investigate or journalists, but only the DA and police can charge anyone.

1 Answer | Asked in Wrongful Death for California on
Q: Can a private investigator who conducted interviews but failed to get signatures still testify in court

Filling to get signatures can the pi testify in court to their discussion they had with informants? Some did have depositions, others did not but 13 Witnesses have died on this case prior to trial. The case has run out of witnesses for the plaintiff as the remaining until too afraid to appear in... View More

William John Light
William John Light
answered on Dec 14, 2018

Yes. Prior statements to others can come into evidence through applicable hearsay exceptions.

1 Answer | Asked in Wrongful Death for California on
Q: my husband wants to file a Habeas for Re-sentencing under the case Law of (Banks and Clarks)? Can he qualify for sb1437?

Also if people sentenced to LWOP qualify for the new Bill under The Felony murder Rule sb1437?

As for as for the Habeas under ( Banks & Clarks) is to take away LWOP for someone that according to the Police reports was presented but not the active shooter or Big participant in any crime?

William John Light
William John Light
answered on Dec 7, 2018

You should re-post this under criminal law or criminal defense. Wrongful death is a civil law issue.

4 Answers | Asked in Wrongful Death for California on
Q: My mother was hit and killed by a driverless car. Can I still sue the person in the driver's seat or do I need to go

after the car maker?

William John Light
William John Light
answered on Dec 4, 2018

There is no such thing as a driverless car. There are cars which try to operate without as much human intervention, but humans are still "in control" and can intervene when appropriate. In other words, you sue the driver and owner of the car, as well as the manufacturer/ distributor/... View More

View More Answers

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.