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California Wrongful Death Questions & Answers
1 Answer | Asked in Adoption and Wrongful Death for California on
Q: Can be listed as a statutory heir to someone if his parental rights were taken away and I have been legally adopted?

This was a wrongful death suit for my biological father that was filed in Arkansas, I live in California. His name is not even on my birth certificate. I do not want anything from him but the lawyer from Arkansas wants me to sign paperwork stating I do not want any of the money. I think this is... View More

William John Light
William John Light
answered on Nov 20, 2018

You would have to consult with an Arkansas attorney about that. However, even if you could be included, the value of your case would be tremendously adversely affected by the lack of relationship between your father and you, at least that is how it would work out in CA.

4 Answers | Asked in Wrongful Death for California on
Q: If my husband died in a car crash but was a stay-at-home parent who planned to return to a corporate attorney job at the

end of the year, can I sue for loss of income?

William John Light
William John Light
answered on Nov 19, 2018

Yes, but it will be harder to prove. Insurance companies, jurors, will be more skeptical. This is not a do it yourself project. Call an attorney. Consultations are free.

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2 Answers | Asked in Wrongful Death for California on
Q: Do you prove wrongful death the same way as regular personal injury claims?
William John Light
William John Light
answered on Nov 5, 2018

Yes, with documents, photographs, videographic evidence, witness testimony, expert witness testimony, and by a preponderance of of the evidence. A wrongful death case is not a DIY project. Consult with an attorney.

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3 Answers | Asked in Car Accidents, Criminal Law and Wrongful Death for California on
Q: unlicensed driver in accident killed other person. charged w/manslaughter. is serving time absolute mandatory
Dale S. Gribow
Dale S. Gribow
answered on Oct 15, 2018

More info needed

Was driver under influence?

Did he ever have CDL?

Why was lic taken away? Or never licensed?

If already sentenced it might be late to ask the question...

I assume lawyer was appt’d For him.. who knows all facts. You should pose questions to that lawyer

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1 Answer | Asked in Wrongful Death for California on
Q: We're confused about wrongful death and a survivor's lawsuit - they sound kind of the same to us - is that the case?
William John Light
William John Light
answered on Oct 12, 2018

No. Wrongful death is a case brought by the family members who have lost the love, comfort, society and affection of the decedent. A survivor's action is brought on behalf of the estate of the decedent for the decedent's own damages that "survive" the decedent's death.... View More

4 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: How and where do i file wrongful death lawsuit?

daughter died in motorcycle crash while visiting Idaho. we live in california, driver lives in n. dakota.

William John Light
William John Light
answered on Sep 29, 2018

You need an Idaho attorney. Although you could file in Federal Court in Boise or Pocatello based on diversity jurisdiction. If you chose that, any attorney admitted to the 9th Circuit (of which California is a part) could represent you. This is not a do it yourself project.

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1 Answer | Asked in Wrongful Death for California on
Q: If someone ran over my dog and it wasn't registered. What could I do about it? Please response when you can. Thank you.
William John Light
William John Light
answered on Sep 24, 2018

You can sue in Small Claims for the value of the dog based upon negligence of the driver. However, if your dog was off leash and running in the street, expect any claim to be reduced by your proportion of comparative fault, which will be extensive.

1 Answer | Asked in Car Accidents, Criminal Law and Wrongful Death for California on
Q: lets say i am fighting a case for driving under the influence of meth and there were half a dozen other cars involved

someone passed away and it was casued by another vehicle hitting them and my vehicle hit that vehicle, im being blammed for the entire cause of accident and i was a victim myself and injured the car which caused accident didnt get held accountable at all and the first officer on scene was a off... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2018

much more info needed

be careful what you post as anyone can see it.

you have a right to change lawyers.

what courthouse are you in?

if you can afford it i will give you the names of the 2 or 3 best DUI lawyers in California.................

dale@dalegribowlaw.com or 760 8377500

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Can officers shoot my dog during an eviction

Officers were warned by both resident's and landloRd that my dog is aggressive towards yelling and guns, sent my buddy to restrain him. A officer yelling, opened the garage door with gun aimed forword, causing my dog to bite his pant leg. Dog wa's yanked back from officer, at which... View More

William John Light
William John Light
answered on Sep 17, 2018

Yes, it's legal. The officer was warned that your dog was aggressive. Your dog tried to bite the offer and, in fact, bit his pants. Your dog demonstrated that he was a threat to the officer's safety, even though you had restrained him at that moment. There was no guarantee that your... View More

1 Answer | Asked in Wrongful Death for California on
Q: What is the difference between a wrongful death suit and a medical malpractice claim? Do we file both?
William John Light
William John Light
answered on Sep 14, 2018

You would allege wrongful death, on behalf of the statutory heirs, based on medical malpractice. This is not a do it yourself project. You cannot file a lawsuit on behalf of anyone else if you are not an attorney. Medical malpractice cases are notoriously hard and doctors win most of them,... View More

4 Answers | Asked in Car Accidents, Wrongful Death and Criminal Law for California on
Q: All 3 of my boys were in the same vehicle, and incident reports only mention 3 victims. Who was driving 2nd car?

My boys were in a car accident, 2 of them lost their lives. They were hit on the front passenger side at an intersection, and there was only a stop for the other people/cross street. But incident reports only mention 3 victims, which were the driver Chris, his passenger in front Angel, and his... View More

William John Light
William John Light
answered on Sep 13, 2018

I am sorry for your loss. It is unbearable.

Any answer I give to your questions would be speculation, since I haven't read the report. Ordinarily, all persons, vehicles and owners of vehicles are listed on the report. If there are no arrests, it could be that a determination has not...
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2 Answers | Asked in Wrongful Death for California on
Q: What is the statue of limitations for filing a wrongful death suit
William John Light
William John Light
answered on Aug 30, 2018

Ordinarily, it is two years from the date of death. For minors, it is two years from the date that they turn 18. If it's a medical malpractice case, it is ". . .within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the... View More

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1 Answer | Asked in Communications Law and Wrongful Death for California on
Q: Why can't I receive any information regarding my sons suicide investigation autopsy

The law enforcement handling the case told me that I would have to subpeona them . because it falls under the alabama open record law

William John Light
William John Light
answered on Aug 28, 2018

Your question is posted in CA. Doubtful anyone here knows anything about Alabama law. I am sorry for your loss.

2 Answers | Asked in Wrongful Death for California on
Q: The executor wants to file a wrongful death suit, but I don't and I'm an heir - what can I do?
William John Light
William John Light
answered on Aug 23, 2018

You don't have to be included as a Plaintiff, but you will be sued as a nominal defendant. All eligible heirs have to be a party to a wrongful death suit so that their interests are finally adjudicated. However, not every heir has proper standing for a wrongful death suit. Finally, the... View More

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1 Answer | Asked in Wrongful Death for California on
Q: My brother was on medication for depression

- we don't think this was a factor in his death in the accident, but could it be used against us?

William John Light
William John Light
answered on Aug 10, 2018

Used against you for what? By whom?

3 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: Drunk driver crosses intersection on red light, hits a motorcycle teen thief on green light with stolen guitar ?

A theoretical question: A teenage boy steals a guitar, the store owner calls the police. The teenage boy takes off on his motorcycle and is followed by an LAPD officer on duty. The thief enters an intersection that he crosses on a green light, but then is hit by a drunk driver who crossed a red... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 8, 2018

The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might... View More

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2 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: What does it mean when a guilty verdict is read in a manslaughter case and yet says 'alleged victim' and 'alleged date"?

I saw a verdict where the defendant was found guilty but in the verdict the said the victim was 'alleged' and also the date of the supposed manslaughter was 'alleged'. I do not see how that can still be alleged when the defendant is fount guilty? Hope you can help.

William John Light
William John Light
answered on Jul 23, 2018

If the defendant was convicted, he will be going to prison, whether or not the verdict form uses the word "alleged". The use of that word on the verdict form is of no import whatsoever.

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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: A person with an eating disorder assists a person in a dangerous situation passes out leading to the other person dying

The person with the eating disorder was in a treatment facility. The staff was unaware the patient had been vomiting after eating for two days. During an occupational therapy activity they offered to be belayer for another patient on an indoor rock climbing wall. They passed out resulting in the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

we don't answer hypos but the person belaying did not violate any legal duty by belaying. The staff perhaps should have been aware if they monitored the person's weight. That may lead to personnel action but no criminal charges.

4 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: My friends daughter was hit by an elderly woman as she was crossing the street. She died as a result of her injuries.

This happened in portland,Oregon. It has been nearly a year and the lawyer ( retained on a get paid when u get paid basis) keeps telling her that they are waiting to hear back from the insurance company. Is my friend obligated to continue with this law firm or can she seek different help? And can... View More

William John Light
William John Light
answered on Jul 17, 2018

You can fire you attorney whenever you want. If you fire the attorney, he has a lien on the case for the reasonable value of his attorney fees to date. It will not increase the attorney fees. He just gets a portion of the fees that will be charged by the new attorney. This can make it harder to... View More

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3 Answers | Asked in Wrongful Death for California on
Q: Can I file a wrongful death suit on behalf of one parent even if the other parent refuses to do so?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 13, 2018

If you are a child of the person who died, you can file a wrongful death lawsuit for the loss of your parent. In such a suit, all people who are legally allowed to be parties must be part of the case. Even if such a person does not want to participate and refuses to be a plaintiff, they can be... View More

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