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Wrongful Death Questions & Answers
1 Answer | Asked in Insurance Defense and Wrongful Death for California on
Q: Can a different insurance company take the amount I received from the at failt drivers ins. Out of the settlement

My parents died in an accident we were in abs their insurance wants to take the settlement amount I received from the at fault driver out of their settlement they are saying the driver was underinsured that’s why. It is for a wrongful death settlement they said it’s the law they have to take... View More

William John Light
William John Light
answered on Feb 11, 2025

If you have a wrongful death case, and you don't have an attorney, you are being foolish. If you have an attorney, ask him this question. If you are making a claim against your parents underinsured motorist coverage, then yes, amounts paid by the at fault driver's insurance are... View More

2 Answers | Asked in Civil Litigation, Personal Injury, Wrongful Death and Municipal Law for New York on
Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?

Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 23, 2025

Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the... View More

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2 Answers | Asked in Civil Litigation, Personal Injury, Wrongful Death and Municipal Law for New York on
Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?

Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More

Stephen Bilkis
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answered on Feb 3, 2025

I'm sorry to hear about the concerns regarding liability for your upcoming reunion. When organizing an event where alcohol is served, liability is an important factor to consider, and ensuring that all parties are adequately protected can help prevent potential legal and financial risks.... View More

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1 Answer | Asked in Wrongful Death and Health Care Law for Washington on
Q: If a building was demolished in 2017 asbestos was found 4 people that worked there have died from cancer, what can I do?

Believe asbestos & other hazards found in demolished school has caused multiple cancer related deaths of individuals that worked at this school and unknowingly affecting other staff and students who attended. Needing help to figure out where to go with these concerns so the people/ school... View More

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

Although seven - eight years have passed since the absestos affected the people, there may still be a possibility of a lawsuit if the connection to the events in 2017 with the cancer was only recently discovered.

Because the defendant will be a public entity (school) and perhaps one or more...
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2 Answers | Asked in Wrongful Death for New York on
Q: My brother committed suicide. His ex-girlfriend was home with him, she may have provoked or encouraged him.

It was reported that she told someone that she told him to end his life, berated him or harassed him. He lived with her, their relationship was over, they jointly had purchased the home. At the time they were trying to figure out how to how to get out of their living arrangement. Immediately after... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 3, 2025

I'm so sorry for your loss. Although intentionally causing or aiding someone to commit suicide is a crime in New York, absent an underlying legal duty (such as one owed by a psychiatrist, psychologist, etc.), it likely does not give rise to a cause of action for wrongful death.

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2 Answers | Asked in Wrongful Death for New York on
Q: My brother committed suicide. His ex-girlfriend was home with him, she may have provoked or encouraged him.

It was reported that she told someone that she told him to end his life, berated him or harassed him. He lived with her, their relationship was over, they jointly had purchased the home. At the time they were trying to figure out how to how to get out of their living arrangement. Immediately after... View More

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2025

I'm very sorry for the loss of your brother. As my colleague states, promoting a suicide could be treated as a crime (a felony in New York). In terms of a wrongful death action, it sounds like it would be a difficult case. You could reach out to attorneys to try to set up a free initial... View More

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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Scott Martin Hendler
Scott Martin Hendler
answered on Dec 31, 2024

A doctor can be liable for something like this but it depends on why the stroke occurred and when it happened. There is not enough information in your inquiry for me to give you a more definitive answer. If the doctor breached the standard of care during the operation or afterwards during her post... View More

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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Joel Gary Selik
Joel Gary Selik
answered on Dec 31, 2024

Possibly. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced malpractice attorneys in the state where this occurred.

Use the JUSTIA...
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2 Answers | Asked in Wrongful Death, Estate Planning and Probate for Texas on
Q: When a person passes away from Asbestos, is there any way to find out whom they made there beneficiary?
Scott Martin Hendler
Scott Martin Hendler
answered on Dec 20, 2024

When someone dies from an asbestos related disease, who they made the beneficiary of his or her estate will be in the Will if the person had one. But that does not exclusively determine who has a right to sue for the death. The law of the state where the death occurred establishes the right of who... View More

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1 Answer | Asked in Car Accidents and Wrongful Death for Oklahoma on
Q: Lady ran a stop sign that was obstructed by a tree limb, on an unfamiliar road, struck another car killing both passenge

Both passengers the stop sign running lady hit were pronounced on the scene. Is there enough for a jury to charge and convict the lady running the stop sign

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm very sorry for this terrible accident. This is something that an Oklahoma criminal defense attorney could advise meaningfully on. Bringing charges is generally up to a county district attorney's... View More

1 Answer | Asked in Consumer Law and Wrongful Death for Maryland on
Q: On August 21, my sister was in a house fire and passed. I found a defective lighter in her truck. Two exploded out of 5

my question is the fire report said it was careless smoking and won’t even hear me when I’m trying to tell them that it had to have been a defective lighter since I found one in her truck and since bought three more and have had to blow up in my face. Due to the fire report and the fact that... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

What you describe is pure guess, conjecture and speculation. You do not identify any hard evidence that a lighter (a) exploded in her home; or (b) was the cause of the fire that killed your sister.

The fact that it could have happened that way doesn’t mean it did. The fact that other...
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2 Answers | Asked in Wrongful Death for California on
Q: Can I sue a radiologist or radiology team for missing a new lesion for existing brain cancer?

My daughter was born in 2014 and diagnosed with brain cancer in 2021. Rady children’s has royally screwed up everything in the beginning.

Anyhow, she shall soon pass away. Going into 2024, we got robust control of everything in 2023, stable. But then big misses were made by radiology... View More

William John Light
William John Light
answered on Nov 25, 2024

I am sorry for your loss.

You may have a case. A pediatric radiologist and a pediatric oncologist will need to review the records and gives opinions as to standard of care (in missing new lesion) and causation. Unfortunately, that is not cheap and most attorneys will require a retainer...
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2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 15, 2024

So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More

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2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Stephen Bilkis
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answered on Dec 2, 2024

I'm truly sorry for your loss. Dealing with the legal implications following your wife's death, especially under such distressing circumstances involving medical treatment and emergency services, can be incredibly challenging. Understanding whether you have a viable wrongful death or... View More

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2 Answers | Asked in Sexual Harassment and Wrongful Death for California on
Q: Can I sue an FBI agent who made improper sexual advances and retaliated with a violent attack resulting in death?
William John Light
William John Light
answered on Nov 13, 2024

Yes, the victim or her heirs can sue, but the victim is apparently dead, and it is unclear who you are and what your relationship to the case is. Whether the US Government is liable for the action of the agent depends on a lot of facts which are not included in your post. If the agent was acting... View More

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4 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: should i persue a civil case against emt for failure to bring in right equip and incorrect cpr performed??
Joel Gary Selik
Joel Gary Selik
answered on Oct 28, 2024

There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More

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2 Answers | Asked in Car Accidents and Wrongful Death for Kentucky on
Q: If an at fault person is hit by oncoming car who could have missed him is there wrongful death?

The deceased lost control ended up in opposite lane oncoming car could have missed him but smashed him into ditch and tree and killed him

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

Maybe. It depends on the state in which the wrongful death accident occurred. Kentucky uses a "pure comparative fault" system for automobile accidents and wrongful death cases, where each party involved is assigned a percentage of fault based on their contribution to the accident. In this... View More

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1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Seeking Legal Advice on Suing for 2021 Backyard Accident—No Updates on Driver, Not Covered in News. Possible?

Hello,

I am seeking legal advice regarding the tragic death of my grandmother, who was run over by a vehicle in her backyard in September 2021. As far as I am aware, there has been no update on the driver responsible, and the incident has not been covered in the news.

Given the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2024

I'm very sorry for the loss of your grandmother. A local attorney must advise here, as your question involves state procedural law for civil practice (statute of limitations). But you await a response for two weeks. Your question references two regions (Texas and Oklahoma). Attorneys who... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Q: I believe my Aunt was murdered and her case was ruled a suicide. What can I do? Can I get access to any evidence?

Multiple stabs wounds

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024

I would recommend first that you attempt to meet with the Commonwealth's Attorney for the jurisdiction where this happened. Such a meeting would give you an opportunity to voice your concerns about the investigation and possibly get some answers from the lead prosecutor as to why no criminal... View More

3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2024

Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could... View More

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