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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for New York on
Q: My mom dies after à home invasion, what is my rights. thank you
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 25, 2022

I'm very sorry for your loss. Whether you might have a viable wrongful death claim on behalf of your mother really depends on how and where the home invasion occurred. If your mother lived in a private home, apart from perhaps suing the intruder, you would not have many options. On the... Read more »

1 Answer | Asked in Wrongful Death, Personal Injury and Medical Malpractice for California on
Q: I suffered a stillbirth at 32 weeks due to a doctors negligence can I sue for wrongful death?

I had lupus prior to pregnancy so I required a high risk doctor. During pregnancy I developed cholestatsis and gestational diabetes so I was at a much higher risk. I was being monitored weekly. Though my lab work showed little progress I was to deliver my baby at 36 weeks. At around 30 weeks I... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should reach out to some attorneys who specialize in medical malpractice. They should be able to help you determine what options you have. Do this right away because you only have a limited time to take action.

1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: If my car get hit from behind and a passenger of my car dies can I be charged with anything

My car broke down in the road and my passengers and I got hit and 1 died

Michael W. Horst
Michael W. Horst answered on Jan 12, 2022

The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Michigan on
Q: Why would the death certificate be pending, when the Post Mortem Report listed "clozapine toxicity"?

He went into cardiac arrest after being drugged and assaulted. He was a legally incapacitated adult.

Brent T. Geers
Brent T. Geers answered on Jan 4, 2022

Death certificates are administrative, and may show more than what an autopsy determines. It's reasonable to expect some lag time.

1 Answer | Asked in Juvenile Law and Wrongful Death for Michigan on
Q: Michigan school shooter

In the case of the Michigan school shooter what if the defense argues that the boy had mental health problems and argues that the parents were negligent in not seeking treatment, buying a gun for their teenage son and not notifying the school that he had access to gun? Can the state use the... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 4, 2022

Yes. And that is why each party has his or her own attorney.

1 Answer | Asked in Wrongful Death for Washington on
Q: my sons father was murdered in nc and when we went to court the judge said that the person should not been out of jail b

beccause of his charges and had he not been out of jail in the first placed my BF would be alive and that this time he wasn't getting out n denied bail can we sue nc for WD

Peter N. Munsing
Peter N. Munsing answered on Dec 23, 2021

There are problems when a person has been allowed out on bail, as that is generally not a decision that will result in tort liability however you need to consult an attorney in North Carolina to determine your rights under the laws of your state. Look for an attorney who is a member of the North... Read more »

1 Answer | Asked in DUI / DWI and Wrongful Death for Tennessee on
Q: If you are a family member of the victim that was killed in a dui vehicular homicide and told the da you didn’t want to

Do a plea deal and they do it anyways does that violate victim rights

Anthony M. Avery
Anthony M. Avery answered on Dec 22, 2021

No, that is the State's Case. I am sorry for your loss...

1 Answer | Asked in Wrongful Death and Health Care Law for Illinois on
Q: What legal action can I take against a business who consciously ignores covid regulations, which resulted in a death?

My mother recently passed away from covid. She works at a church that refuses to acknowledge covid and follow regulations. This church is a known hotspot for covid and they still refyse to follow any kind of safety rules. We know my mother caught the virus there and covid is listed on the death... Read more »

Charles Candiano
Charles Candiano answered on Dec 22, 2021

Unfortunately, none. If your mother was truly an employee of the Church, then her/your sole remedy is through Workers' Compensation, provided that the church carries Workers' Compensation insurance. If she was an employee but the Church had no WC insurance, you may be able to sue,... Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: In car accident can a dead man’s estate be sued for wrongful death after they say he was at fault for crossing the line

Head on collision, country road with no center line markings. They decided he was at fault for “crossing the center line” but there are no lines on the road. Now the people in the other truck are suing his estate for wrongful death after the insurance already paid them the max amount. The... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

Is someone defending against the Suit? If not, default judgment will occur. Who actually filed for Probate? If not the creditor, then it was a large mistake. The real property can be looked upon to satisfy such a claim. But if the Heirs own as Tenants In Common, then it will be more... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes, Government Contracts and Wrongful Death for Florida on
Q: What is the best way to find/establish a lawful team to sue a prison for negligence, wrongful death, & other violations?

Prison Location: North Carolina

My Location: Florida

Relation to deceased: Daughter

Date of Death: 10/18/2020

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

So sorry to hear about your daughter. Since this happened in North Carolina, you must search for an attorney in that state. Look for attorneys handling civil rights. Options: (A) Click on the Justia find-a-lawyer tab up top; (B) Search the National Lawyers Guild site at... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: My dog got out of my backyard by jumping my 6ft fence and went to a dairy down the street and then was shot

My dog then with her leg dangling from her body and her chest split open came home! I rushed her to have her put down! The guy who shot her never contacted me and still hasn’t contacted me! But said he did! What can I do? I am so sad my poor dog went through this!

William John Light
William John Light answered on Dec 5, 2021

If you get another similarly athletic dog, get a taller fence. Once your dog jumps your fence and is unsupervised, it is a menace to pedestrians, neighbors, children and other dogs who are lawfully on their own property, or using the sidewalks. You can and will be sued for any harm it causes, and... Read more »

2 Answers | Asked in Land Use & Zoning, Animal / Dog Law and Wrongful Death for Louisiana on
Q: My neighbor fatally shot my ratterrier with a bow and arrow through my fenced in backyard. What can I do

I want this man to be brought to justice! I am seeking any and all advice and info on where, who, and/or what all I can and should do! What my options are and what other actions I could do legally through other types of departments, organizations, platforms, anything...

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 20, 2021

File a criminal complaint if this psycho shot a deadly weapon through your fence. Then file a civil suit against him with the justice of the peace for vet bills, the price you paid to buy, license, vaccinate, groom, bathe, and feed the dog every year. In other words attach a spread sheet.

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1 Answer | Asked in Civil Rights and Wrongful Death for California on
Q: If i want to reopen a case that Was dismissed .

My mom had a case against the sherrifs department for the death of my brother, she was not able to put forth her full attention as she has been devistatef from all of this. The case was dismissed but i feel it should be reopened

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

Sorry about the death of your brother. If your mother was represented by an attorney in the prior case, the attorney should have seen to everything about the case. A lot depends on the "dismissal" whether this was ordered by the Court (not much chance to revive) , or voluntarily done by... Read more »

1 Answer | Asked in Adoption, Child Custody, Family Law and Wrongful Death for Arizona on
Q: FLMCAZ. Plaintiff filed petition for Paternity, respondent response was plaintiff is father. Resp. Aborted child.

Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »

Mike Branum
Mike Branum answered on Oct 12, 2021

An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.

I do not think you will find much...
Read more »

2 Answers | Asked in Personal Injury and Wrongful Death for Oregon on
Q: If I stayed at a persons rental a month after they had covid and then I got sick with covid is the owner liable
Gabriel A Watson
Gabriel A Watson answered on Oct 11, 2021

I agree with what others have answered to this question. It is very unlikely that you have a claim against the renter or that most ethical attorneys would be willing to pursue such a claim. This doesn't mean there is no chance whatsoever that your stay at the rental caused your COVID, but from... Read more »

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1 Answer | Asked in Civil Rights, Libel & Slander, Personal Injury and Wrongful Death for California on
Q: can a county shelter be sued for violating civil & privacy rights. causing emotional, psychological & physical injury
Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2021

much much more info is needed.

i would encourage you to write out a summary of the facts and contact a lawyer in your area that would offer a free consultation.

1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... Read more »

2 Answers | Asked in Personal Injury, Health Care Law and Wrongful Death for California on
Q: My husband was missing I filed missing person's report the police found him. His brother took him off life support

Put a missing persons report out on my husband the police officer that called me back told me where he was I finally was able to get to call the hospital where he was at I found out his brother removed him off life support my husband and I have been in married for 11 years and I was not notified of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

more info is needed

anyone can sue at any time.

However, if the case is not strong enough a lawyer will not take it.

For instance:

What are your damages? did you seek the guidance of a professional after this happened? did the brother have a power of attorney? did...
Read more »

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1 Answer | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for Wyoming on
Q: If my brother died by suicide while on probation and in treatment, can we sue them for emotional damages?

They exacted a warrant illegally on my parents house, took kids with no cause, and convicted my mom and brother. Even though my brother admitted to all in the house, they still charged my mom n convicted her under coersion.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

This would be a tough case for a number of reasons dealing with proof, showing the cause was that and not an underlying issue. Suggest you contact the Wyoming Civil Liberties Union, ask for their prison rights group, ask them for the names of some of their "cooperating attorneys." Those... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

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