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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for New Jersey on
Q: My father died 2018 , he was in ICU for pneumonia, they fetanyaled my father unconscious. No doctor on the floor untrai

Untrained nurse who did not know how to work the machine my father was hooked up too. And no doctor working that floor on Sunday and my father's heart stopped so they say. They had a meeting after he passed probably to figure out what to say . My mom didn't want to pursue she was too hurt... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

As you know the statute of limitations for wrongful death is two years. Chances are she won't get the medical records in time. Without looking at the medical records, it is unlikely an attorney will take the case, However for your own knowledge I suggest you call an attorney who handles such... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning?

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

To answer requires a review of the medical records. Contact a member of the Missouri Assn for Justice who handles medical carelessness cases. However at her age with a cardiac situation it may be difficult to prove that it was carelessness as opposed to her body not reacting well to surgery, as... Read more »

1 Answer | Asked in Wrongful Death and Personal Injury for Washington DC on
Q: I was only 3 when this happened to my dad.. I’m now 34 could I reopen this case
Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

No, but why not get a second opinion? Courts will not reopen statute of limitation cases unless there has been some very significant and unique issue. If , for instance, police actually hid evidence that might be the basis to reopen, but I doubt it. But ask some DC attorneys or attorneys from the... Read more »

1 Answer | Asked in Wrongful Death for North Carolina on
Q: What motion do I need to file if the judge calls out sick? When is it too late?
Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

the judge will normally reschedule. I'm not sure what your question is about, and suggest you speak with a North Carolina attorney.

1 Answer | Asked in Wrongful Death for Alabama on
Q: Can I sue for wrongful death for suicide?

My father committed suicide in early January. He was living in a shelter that focused on helping people with mental health problems and addiction, which he had. He attempted to harm himself before he passed and I believe the shelter did not follow proper procedures to prevent him from another... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

I doubt it but consult an Alabama attorney who handles nursing home questions and also contact the Alabama Civil Liberties union to ask if they have "cooperating attorneys" who handle issues regarding homelessness.

2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: What kind of attorney is best to get my elderly mom proper representation to sue hospitals for the death of father?

My mom has documented and proven facts of wrong doings to support claims that caused my fathers untimely death

Tim Akpinar
Tim Akpinar answered on Feb 23, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your father. You could reach out to med mal-wrongful death attorneys. A law firm that handles one of those categories would likely handle the other in most cases. Since your mom is... Read more »

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2 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can the not at fault driver be charged with vehicular homicide or manslaughter in a fatal crash if the investigation

Finds his brakes were faulty but did not contribute to the crash?

Charles M.  Baron
Charles M. Baron answered on Feb 23, 2021

There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the... Read more »

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1 Answer | Asked in Wrongful Death for Florida on
Q: As beneficiaries, do we have tights to my mother’s portion of my stepdads mesothelioma death lawsuit if she passes?

I know we have no rights to the lawsuit but we are her beneficiaries. Her health is troubling and I just want to know if we will keep her rights to the settlement if she passes. Ideally, we want her alive but I just am concerned. Worst thing is we were so close people thought he was my birth... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 22, 2021

If I understand you correctly, your mother currently is the plaintiff in a wrongful death lawsuit arising from the death of your step-father, which has not yet settled, but you are expecting a settlement or recovery at some point in the future. I wonder why you didn't ask your question to... Read more »

3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Feb 17, 2021

Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence, Personal Injury and Wrongful Death for California on
Q: Daughter died hospital claim it was Covid. Autopsy by private company revealed poisoning but police won't investigate

Because death certificate indicates Covid. What can be done. Believe foul play by partner.

David Michael Lehr
David Michael Lehr answered on Feb 15, 2021

High a personal injury/wrongful death attorney.

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1 Answer | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for Texas on
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been

Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death

Tim Akpinar
Tim Akpinar answered on Feb 9, 2021

A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning? My question is ' Is the consideration malpractice for mis diagnoses? And she unfortunately died by... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 8, 2021

I so sorry to hear about your mother. Medical malpractice cases are complicated and difficult. A full gathering of the facts and thorough review of the medical records will be necessary to asses whether you would have a strong wrongful death suit. Most attorneys in the field work on a... Read more »

3 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: If a country jail releases someone that is a illegal and they commit murdered my mother the next day can I sue them

It was my mother who was murder

Regina Irene Edwards
Regina Irene Edwards answered on Feb 5, 2021

There is no such person as an "illegal." A jail is not responsible for the actions of an undocumented person who may commit crimes after their release. Same for a citizen.

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1 Answer | Asked in Wrongful Death for Arkansas on
Q: Can neighbor shoot my bird dog that got out of pen followed him and his dog home for chasing his chickens

He claimed he shot at my dog for having 3 chickens cornered then the dog ran approx. 80 yard away from chickens he pursued my dog and shot it at point blank in the Bach of the neck below skull with 9 mm he knew it was my dog is this justified

Michael Darren O'Quinn
Michael Darren O'Quinn answered on Feb 3, 2021

It depends.

A pet owner may sue a person who purposefully hurt or killed his animal under different legal theories, including conversion, trespass to chattel (an old-school legal term for destroying or interfering with someone else's property), or intentional infliction of emotional...
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1 Answer | Asked in Wrongful Death and Medical Malpractice for Louisiana on
Q: . Can I request autopsy with toxology report in the death if my grandfather?

if I have no power of attorney or medical? The events leading to hospitalization and reason/explanation of his condition was not ever explained to me.. basically I was dismissed in my questioning of medical.staff to try and understand what happened for him to have passed so quickly. I also have... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 30, 2021

You can either file a criminal complaint or hire a medical malpractice attorney.

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Oklahoma on
Q: My dad died dec -8-2019 n i got a latter say my aunt is being special administration and wants me to sign a waiver my

It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean

David A. Cincotta
David A. Cincotta answered on Jan 24, 2021

It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... Read more »

1 Answer | Asked in DUI / DWI, Real Estate Law, Car Accidents and Wrongful Death for Colorado on
Q: My wages are being garnished due to a criminal/civil lawsuit. If I buy a house, could it be taken from me?

I was convicted of vehicle homicide/DUI in 2008. My friend died and his family sued me for $20 million. My wages are garnished at 25% after taxes.

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2021

You need to talk to a competent attorney about asset protection and exemption rights in whatever State you are going to live in. The exact Deed Grantee will be critical, and you need that lawyer to tell you what to do. Sometimes trusts are useful, but probably not here. The lawyer's... Read more »

2 Answers | Asked in Wrongful Death for California on
Q: Tenant's relative was accidently drowned in the pool. The tenant filed wrongful death. What should I do?

I rented my property to a tenant. Her mother had Alzheimer, which I did not acknowledge before she signed the lease. Last year her mother was found drowned in the pool. Now the tenant filed a lawsuit for wrongful death. The insurance doesn't cover human injure. Short of money due to... Read more »

William John Light
William John Light answered on Jan 18, 2021

You need someone to review your policy of insurance, as well as your history of communications with your insurance agent. Not having liability insurance is a huge problem if you are renting your property to others.

As to your question, you have probably zero chance of winning by defending...
Read more »

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1 Answer | Asked in Insurance Bad Faith, Wrongful Death, Criminal Law and Legal Malpractice for Pennsylvania on
Q: The cops parked in our bar parking lot, facing the door, and watched customers exit this business, get into their car.

The cops then pulled this person over for suspicion of DUI....is this some firm of entrapment?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 16, 2021

Entrapment is an officer inducing you to do something you wouldnt otherwise do. Which is not the caae here. However, simply leaving a bar parking lot is probably insufficient for a car stop.

With other factors present it can be considered by the officer in forming reasonable suspiscion...
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1 Answer | Asked in Wrongful Death for California on
Q: What to do when I think my mothers death was wrong?

My mother had heart failure problems, and history of passing out. She coded one time at a store and they revived her it was a miracle, on July 27th it happened again at home and this time the paramedics got there and didn't want to touch her cause they assumed it was covid that made her faint... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 11, 2021

I'm very sorry for the loss of your mother. This is something that a California attorney could advise best on, but you await a response for four weeks. At this point, you could reach out to attorneys who handle such cases - if a law firm felt that that your family could have the basis for a... Read more »

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