Get free answers to your Wrongful Death legal questions from lawyers in your area.
In early March, my husband passed away, and I believe it was due to a malfunction of his new insulin pump. The pump kept failing, which may have resulted in incorrect insulin dosing. I reported the issue to the manufacturer and relevant authorities, and I have records of all his calls to the... View More

answered on Apr 11, 2025
So so sorry to hear this. Definitely avoid too much interaction with insurance companies, yours or the hospitals' or doctors' and reach out to speak to counsel asap to best protect any/all claims here. IF the attorney is experienced but not say in this area of law, s/he may have a good... View More
I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

answered on Apr 10, 2025
So sorry for your loss. Generally speaking, only the duly-appointed representative of your mother's estate can file a wrongful death lawsuit on her behalf, i.e. the executor (if she had a will) or administrator (if she didn't). Depending on how the settlement proceeds are allocated... View More
I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

answered on Apr 11, 2025
I'm very sorry for the loss of your mother. The lawsuit wasn't really "secret" - it seems it might have been done without letting you know. Lawsuits are often part of public records, unless a court has ordered non-publication, or they're sealed. Otherwise, they can usually... View More
I am seeking information on the legal steps I should take following the death of my husband today. We were considering divorce prior to his death. There are no unresolved legal matters from the marriage, and I don't have concerns related to inheritance or property division. Can you provide... View More

answered on Apr 4, 2025
I'm very sorry for the loss of your husband. This is something that an Illinois attorney should advise on, but your question remains open for a month. You were still married for all intents and purposes - it would be best to reach out to Illinois attorneys who handle Probate & Estate... View More
My partner of 35 years passed away last year following a car accident in 2021. We had lived together for 12 years, and I provided financial support for him after the accident. I am recognized as his partner legally. The settlement from his accident is anticipated to be completed in June this year.... View More

answered on Apr 3, 2025
In California, unless you were legally married or in a registered domestic partnership, you do not automatically have inheritance rights to your late partner’s accident settlement under intestate succession laws. However, if the settlement includes wrongful death compensation and you were... View More
What Indiana trial court rule determines jurisdiction in a civil wrongful death case, especially if the decedent was killed in a different county than where she lived? The case is filed against an individual, and there are no other pending related cases.

answered on Apr 3, 2025
You are really asking two separate questions. You are asking about jurisdiction (authority of the Court) and venue (the appropriate situs to bring the action). Jurisdiction is addressed in Rule 4.4 and venue is addressed in Rule 75. In your example, any state Court in Indiana would have... View More
I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More

answered on Apr 2, 2025
I'm very sorry to hear of your loss. Reach out to an experienced medical malpractice attorney to discuss filing a possible malpractice lawsuit. But keep in mind that there is a 1 year Statute of Limitations on filing such a claim, which runs from the date you discovered the malpractice.
I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More

answered on Apr 2, 2025
I'm very sorry for your loss. You may have a medical malpractice case against Kaiser for failure to diagnose and delayed treatment. In California, you must prove the care deviated from the standard and caused harm. Key steps: obtain medical records, consult a Kaiser-experienced malpractice... View More
I am seeking information about a legal case concerning the death of my son, who passed away due to a drunk driving incident on April 8, 2023. His father opened the case, but he hasn't shared any information with me. I want to know how I can get access to all details regarding the case,... View More

answered on Apr 1, 2025
It would be prudent to do as the below attorney suggests and file a case for yourself. You can go to the county court's website and do a name search. Once you find the complaint it should give you all the information you want. The county will either be the county where the accident occured or... View More
My mother, who was covered by marketplace insurance, was undergoing cancer treatment when she missed several appointments after the doctor's office informed her that her insurance was inactive. The marketplace changed her insurance policy without notifying us, causing treatment delays. My... View More

answered on Mar 28, 2025
An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your mother. I'm afraid it does not sound like the strongest of cases. That doesn't mean I don't sympathize with your family. I find it upsetting that the... View More
I want to file a medical malpractice and wrongful death case regarding my mother's treatment at Mercy San Juan in Carmichael, California. She was admitted to the hospital on January 23, 2025, with low oxygen and possible a-fib, but unknowingly had a UTI that made her agitated. Despite her... View More

answered on Mar 27, 2025
I am so sorry for your loss and for how she suffered needlessly.
There are many aspects of a medical malpractice/wrongful death case. First is the one year time limit. It appears you are well within that, but do not delay in getting an attorney.
The next issue is did the health... View More
My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

answered on Mar 26, 2025
It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More
My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

answered on Mar 26, 2025
Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More
My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

answered on Mar 27, 2025
Suing a government agency like the fire or police department for negligence can be difficult due to sovereign immunity, which limits such lawsuits. To succeed, you would typically need to prove gross negligence or failure to meet a legal duty, and strict legal deadlines apply.
It may also... View More
I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More

answered on Mar 22, 2025
You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... View More
I believe my father's wife was negligent in caring for him, leading to his death. My father, who suffered from dementia, was suspected of having a stroke by his wife, a former nurse. She called an ambulance, but claimed he refused to get on. Later, she said he fell and refused help to return... View More

answered on Mar 17, 2025
Nothing you state raises huge red flags. People with dementia often act just as you describe and loved ones often can't intervene easily to avoid unpleasant outcomes. That said, if you question the veracity of these claims, my FIRST step would be to ask 9-1-1 for verification of the call for... View More
I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

answered on Mar 17, 2025
If you haven’t signed any documents, you can definitely seek a second opinion to evaluate the facts and the propriety of the proposed settlement. You should contact the owner or Managing Partner of the law firm that represented you to find out the status of your case, why your lawyer left, and... View More
I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

answered on Mar 17, 2025
If you haven't signed any documents, your case is NOT settled. NO Insurance company is going to order a check until they have your executed release. If you did not file a lawsuit, the statute of limitations is NOT tolled.
Before an attorney conveys an offer on the case, the... View More
I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

answered on Mar 11, 2025
I'm sorry to hear about the difficulty you are experiencing and the loss of your mother. The situation you describe is deeply troubling, and it's important to ensure that those responsible for her care are held accountable. To legally proceed against a New York City-based organization for... View More
I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

answered on Mar 11, 2025
Sorry for your loss. Generally speaking, assisted living facilities have a legal duty to monitor the elderly residents under their care and could be responsible if their negligence, i.e. a departure from the standard of care, causes harm. Keep in mind that the statute of limitations for wrongful... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.