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Wrongful Death Questions & Answers
2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for California on
Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?

My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Minnesota on
Q: Can my company be sued if a patient leaves children in her car and something happens to them?
Tim Akpinar
Tim Akpinar
answered on Jul 8, 2024

It could possibly depend on additional details. A local attorney should advise on any state-specific aspects. But as a general matter, if you mean your company is a medical office and a patient comes in while leaving their children in a car, the short answer is that it is something outside your... View More

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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.

The terms of the trust control who is in charge of the assets. If...
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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

James L. Arrasmith
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answered on Jun 27, 2024

I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More

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1 Answer | Asked in Civil Rights and Wrongful Death for Tennessee on
Q: My son was found deceased and police not doing much about it and not contacting me he was murdered

His girlfriend shot him up with hotshot and left him for dead

James L. Arrasmith
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answered on Jun 21, 2024

I'm very sorry to hear about the loss of your son under such tragic circumstances. This must be an incredibly difficult and painful situation. Based on the information you've provided, here are some suggestions on potential next steps:

1. Contact the police department handling the...
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2 Answers | Asked in Car Accidents, Probate and Wrongful Death for New Jersey on
Q: my son‘s father was killed by a drunk driver . The other passenger in the car that survived is now suing my son’s estate

my son’s father died by getting hit by a drunk driver. he was driving. Uber at the time. One of the passengers died as well and One survived. The one that survived is now filing a wrongful death lawsuit against my son’s estate. He’s cleaning all these claims that he told my son‘s father to... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

I'm very sorry for the loss of your son's father. Like you say, it could be a matter of grabbing at straws for lack of other viable sources of compensation. You mention having a lawyer - it isn't clear from the description if this is a probate lawyer for the estate or a... View More

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Illinois on
Q: How can I find the information on a case for malpractice and wrongful death in Cook County Illinois

My grandmother died in a nursing home in Crete, Illinois, and I am trying to find the details of her case I am from Indiana and I don’t know how to navigate through Illinois quarts to find out exactly what type of court this happened in or the lawyer or the judges name that handled the case

Charles Candiano
Charles Candiano
answered on Jun 20, 2024

If a medical malpractice or wrongful death lawsuit was filed in Cook County Illinois, you can find it by following this link or pasting it into your browser: https://casesearch.cookcountyclerkofcourt.org/CivilCaseSearchAPI.aspx

Choose the Law Division and then search for your...
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3 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: Hi my cousin fell in her garage on Xmas eve after coming from my houseShe fell hard and bumped her head

She went to her doctor in the next couple days and he told her she was fine no testing or anything

A week or so later she started getting bad headaches so she went to emergency Mercy San Jan they checked her out and found multiple fractions in her spine and up to her neck and sent her to a... View More

James L. Arrasmith
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answered on Jun 12, 2024

I'm so very sorry for your loss. It sounds like your cousin went through a truly terrible ordeal after her fall on Christmas Eve. Suffering multiple fractures, infections, and pain like that is just awful.

Based on the details you provided, it seems there may be grounds for a medical...
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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who... View More

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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

James L. Arrasmith
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answered on Jun 12, 2024

I'm so sorry to hear about your husband's passing. Losing a loved one is always difficult, and it's understandable to have questions about the medical care they received.

In California, to determine if you potentially have a medical malpractice case, several key factors need...
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1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I want to file a case for medical negligence in Santa Clara California. Which documents should I use?
James L. Arrasmith
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answered on Jun 3, 2024

To file a medical malpractice lawsuit in Santa Clara, California, you will need to prepare and submit the following key documents:

1. Complaint: This is the initial document that starts the lawsuit, outlining the facts of your case, the parties involved, and the legal basis for your claim....
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1 Answer | Asked in Employment Law and Wrongful Death for Oklahoma on
Q: my partner died , was at work had asthma attack they neglected to call an ambulance do i have a case
Tim Akpinar
Tim Akpinar
answered on May 31, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. I'm very sorry for your loss. You could reach out to attorneys to try to arrange a free initial consult. It might be worth acting without delay. If you do find a law firm that is interested in the matter, they... View More

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

James L. Arrasmith
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answered on May 23, 2024

I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:

1. Check local leash laws and...
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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

William John Light
William John Light
answered on May 23, 2024

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

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1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
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answered on May 13, 2024

I'm very sorry for your loss and the difficult situation you're facing. Under California law, the determination of the time of death can be complex and may involve several factors, including the findings of the autopsy, the scene investigation, and other medical and scientific analyses.... View More

1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
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answered on May 13, 2024

I'm deeply sorry for your loss. In California, determining the time of death is typically within the responsibilities of the coroner or medical examiner, especially when an autopsy is conducted. Ethylene glycol poisoning can be fatal, and the presence of this substance in your daughter's... View More

1 Answer | Asked in Wrongful Death and Civil Rights for New Jersey on
Q: How long does it take to receive settlement? How do I know if my lawyer was paid and I was not?

Had mediation in Jan and agreed to settlement. I have not heard from my lawyer since unless I reach out to them. I asked for feedback to where we stood with receiving payment since I had not signed one document. He then sent me documents to sign and still no feedback or payment. Seems odd that... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

It's difficult to say what might be causing delays without see your file. But a common reason for delays in getting paid in a case is liens, usually medical liens. This could involve a medical office that wants to be reimbursed for services provided in the past without charging for them at the... View More

1 Answer | Asked in Wrongful Death for South Carolina on
Q: When suing DSS in sc for wrongful death and negligence what is the most you can get?
Tim Akpinar
Tim Akpinar
answered on May 3, 2024

A South Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry for your wrongful death situation. A local attorney should advise as to the matter of any statutory caps, but in general, the case value would depend on the facts, and the ability to prove... View More

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Colorado on
Q: In Colorado, can a nurse stop life support on patient w/o family's consent legally?

The patient never made a will, nor had a POA. Her immediate family was involved throughout.

Stephen Johnston
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answered on Apr 29, 2024

Based on the information available, it appears that a nurse in Colorado cannot legally stop life support on a patient without the family's consent. The Colorado End-of-Life Options Act provides a path for terminally ill patients to receive aid-in-dying medication from their physicians, but it... View More

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