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Wrongful Death Questions & Answers
2 Answers | Asked in Wrongful Death and Animal / Dog Law for Ohio on
Q: My 6 yr old Morkie died because he had surgery at a major medical clinic and they left a sponge in him..what do I do now

They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

While your family was devastated by the loss of a pet, and you probably consider your pet to be part of the family. In Ohio, a pet is merely personal property and there is no emotional or other non-economical damages that can be recovered, absent circumstances that your post does not mention.

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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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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

James L. Arrasmith
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answered on Sep 19, 2023

I'm sorry to hear about your loss. In California, a medical malpractice lawsuit may be appropriate in this situation if you believe that the missed diagnosis and lack of appropriate care contributed to the stillbirth of your daughter. Consulting with an attorney experienced in medical... View More

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1 Answer | Asked in Wrongful Death for Florida on
Q: My husband died while he was in county jail from a drug overdose. Do I stand a chance fileing a wrongful death lawsuit?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2023

Yes. If the overdose was by medical staff, it's a potential wrongful death claim based on malpractice. If an illegal drug voluntarily taken, it's a potential wrongful death claim based on negligent supervision, but the claim would face some hurdles. If malpractice, consult a lawyer... View More

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

James L. Arrasmith
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answered on Sep 4, 2023

In California, members of the public generally cannot access police reports relating to ongoing investigations or pending criminal cases, as these are often exempt from disclosure under the California Public Records Act. That said, you may have a legal right to certain information or documents as... View More

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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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1 Answer | Asked in Wrongful Death for Missouri on
Q: Can I suit the state of MO for my grandson death in the Jackson County Detention and if so how do find an Attorney .

He was beating and drugged. I have the 48 page documents

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

No because you lack standing under Missouri's wrongful death statute. Your grandson's spouse, or his children, or their children. or his mother or father can bring a lawsuit for wrongful death. If there are no such persons alive, then your grandson's brothers or sisters or their... View More

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

So sorry for your loss. As my colleagues correctly advised, any lawsuit on your mother's behalf can only be brought by the duly appointed representative of her estate (either the Executor if she had a will, or an Administrator if she did not). And any recovery will be determined by the... View More

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3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Benjamin Z. Katz
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answered on Aug 17, 2023

Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... 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

Also, if you have retained an attorney, stop asking strangers these questions. Your attorney is the one who is going to get paid. Make him respond. Contingency fee retainers usually start at 1/3 and escalate to 40% or more depending on the type of case and how far along where it is in the system.

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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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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?

James L. Arrasmith
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answered on Aug 14, 2023

I sympathize with your situation. The average retainer for legal services in San Diego can vary but generally ranges from $10,000 to $20,000. The installation of a traffic signal depends on factors like traffic volume, accident history, and road conditions. Generally, multiple serious accidents... 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: 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?

James L. Arrasmith
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answered on Aug 14, 2023

I am truly sorry for your loss. In cases of emergencies, hospitals and medical facilities have protocols to provide timely care and transportation when necessary. If your sister was made to wait and walk home despite the circumstances, it's crucial to investigate the situation further to... View More

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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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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?

James L. Arrasmith
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answered on Aug 10, 2023

If the driver was allowed to leave the scene of a fatal accident by the SDPD, the reasons for this decision may vary based on the specific circumstances and evidence available at the time. Law enforcement agencies may prioritize investigations based on available information, and the situation could... View More

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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

James L. Arrasmith
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answered on Aug 10, 2023

The legal responsibility of the mother in this situation would depend on her specific actions and involvement in the incident. Mere presence or being a family member of the driver may not necessarily make her guilty. However, legal advice tailored to the specific details of the case is essential to... View More

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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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2 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and sister were in a fatal car accident. The driver was able to leave the scene, why?

There were 3 men in the car only 2 stayed on scene.

Is the law in California that in a fatality breatholizer tests are mandatory?

Is this now criminal Hit and Run?

If the police report is false is it all thrown out?

Who is the SDPD protecting?

William John Light
William John Light
answered on Aug 8, 2023

I am sorry for your loss.

In response to your questions:

1. No. Vehicle Code 40300.5 allows a police officer to make an arrest at the scene with probable cause of alcohol influence.

2. No. If the driver stayed, that is sufficient. Or, if the driver exchanged information...
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2 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and sister were in a fatal car accident. The driver was able to leave the scene, why?

There were 3 men in the car only 2 stayed on scene.

Is the law in California that in a fatality breatholizer tests are mandatory?

Is this now criminal Hit and Run?

If the police report is false is it all thrown out?

Who is the SDPD protecting?

James L. Arrasmith
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answered on Aug 8, 2023

In California, the law does not mandate breathalyzer tests in all fatal car accidents. However, if there is reasonable suspicion of intoxication, law enforcement may administer a breathalyzer test.

If the driver left the scene of a fatal accident, it could be considered a criminal hit and...
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