Ask a Question

Get free answers to your Wrongful Death legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death and Probate for Michigan on
Q: Can I pursue a legal claim for father’s death due to alleged negligence by his wife in Michigan?

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

Kenneth V Zichi
Kenneth V Zichi
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

2 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

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

Charles Candiano
Charles Candiano
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

View More Answers

2 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

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

Scott Martin Hendler
Scott Martin Hendler
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

View More Answers

3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

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

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

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

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2025

I'm very sorry for the loss of your mother and the other two victims here. If I were to emphasize a key point here, it is that you must act promptly. If you are dealing with public agencies, that generally involves notice of claim requirements - please consult with an attorney without further... View More

View More Answers

3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

View More Answers

3 Answers | Asked in Car Accidents, Bankruptcy, Personal Injury and Wrongful Death for California on
Q: Explore legal options for compensation from 1997 accident.

In 1997, my stepmother, brother, and I were hit by a drunk driver in Galt, CA. Unfortunately, my stepmother and brother were killed, and although I survived, I've had to undergo several surgeries since the accident. My mother sued and was awarded damages, but the driver filed for bankruptcy,... View More

William John Light
William John Light
answered on Mar 10, 2025

That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More

View More Answers

4 Answers | Asked in Wrongful Death and Personal Injury for California on
Q: How to sue truck driver & company for wrongful death in CA?

I would like to know how to pursue a lawsuit against a truck driver and Pacific Green Trucking Inc., as the driver was involved in an accident that killed my fiancé last year in August. The accident occurred in Long Beach, CA, at the intersection of West Anaheim St & Hayden Avenue. The truck... View More

William John Light
William John Light
answered on Mar 5, 2025

I am sorry for your loss.

If you have a wrongful death attorney, then you already know how to sue. However, a fiancé does not have standing to sue for wrongful death in California. That right belongs to the deceased's children, if any, or her parents, or her siblings.

View More Answers

4 Answers | Asked in Wrongful Death and Personal Injury for California on
Q: How to sue truck driver & company for wrongful death in CA?

I would like to know how to pursue a lawsuit against a truck driver and Pacific Green Trucking Inc., as the driver was involved in an accident that killed my fiancé last year in August. The accident occurred in Long Beach, CA, at the intersection of West Anaheim St & Hayden Avenue. The truck... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 6, 2025

A fiancé does not have the legal right to bring a wrongful death lawsuit. But apparently you have an attorney who believes a fiancé does have legal standing... so ask him/her how they intend to pursue a wrongful death lawsuit on your behalf, when there was no marriage.

View More Answers

3 Answers | Asked in Personal Injury, Wrongful Death and Civil Litigation for California on
Q: Can CHP be liable for not conducting blood test in fatal accident?

I tragically lost my husband due to a driver who claimed he fell asleep at the wheel last August. Unfortunately, the California Highway Patrol (CHP) hasn't finalized the accident report even after six months. No charges have been filed against the driver, though he has a prior accident from... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 4, 2025

WHY IS THE REPORT TAKING SO LONG?

Accident reports involving injury are often completed by the end of the work shift. But it's common for accident reports involving fatal accidents to take 4-months or more to complete. In fact, some reports (involving unknown drivers) may never be...
View More

View More Answers

3 Answers | Asked in Personal Injury, Wrongful Death and Civil Litigation for California on
Q: Can CHP be liable for not conducting blood test in fatal accident?

I tragically lost my husband due to a driver who claimed he fell asleep at the wheel last August. Unfortunately, the California Highway Patrol (CHP) hasn't finalized the accident report even after six months. No charges have been filed against the driver, though he has a prior accident from... View More

David W Gammill
PREMIUM
David W Gammill pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025

I’m very sorry for your loss, but No. Generally speaking the police are immune from lawsuits for being bad/lazy/incompetent at their investigative jobs.

Perhaps the driver’s employer could have liability or the state for the condition of the road.

Under no circumstances should...
View More

View More Answers

2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Do I have a wrongful death medical malpractice case in California?

Rayden was born prematurely on 10/03/2023 after a high-risk pregnancy and suffered from undiagnosed congenital conditions, including diabetes, galactosemia, and Waterhouse-Friderichsen syndrome. Despite repeated medical visits, these conditions went untreated, leading to his death. There are... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 28, 2025

If your SOL expires in 25-days you need to contact medical malpractice attorneys TODAY! It takes a lot of time to prepare a med-mal lawsuit because these claims are heavily dependent upon the use of medical experts. Search medical malpractice attorneys on Justia and call some atty's for a free... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Wrongful Death for Texas on
Q: How to pursue wrongful death and malpractice case for brother's heart attack in Texas?

I believe my brother's death may have been due to medical malpractice. My brother, Jimmy Miller from Buda, Texas, was taken to Baylor Scott and White in late July 2024, where he was diagnosed with a heart attack. After an initial doctor's recommendation against placing stents due to high... View More

Robert Ammons
Robert Ammons
answered on Feb 28, 2025

I'm truly sorry for the loss of your brother. You deserve to understand whether medical decisions may have contributed to his passing and what legal options exist.

Your situation involves potential wrongful death and medical negligence claims, which require showing healthcare providers...
View More

View More Answers

2 Answers | Asked in Medical Malpractice and Wrongful Death for Texas on
Q: How to pursue wrongful death and malpractice case for brother's heart attack in Texas?

I believe my brother's death may have been due to medical malpractice. My brother, Jimmy Miller from Buda, Texas, was taken to Baylor Scott and White in late July 2024, where he was diagnosed with a heart attack. After an initial doctor's recommendation against placing stents due to high... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2025

You do not have standing to pursue such a claim unless you are appointed as the personal representative of your deceased brother's estate and your brother was single and childless and your parents did not outlive your brother.

Assuming you get appointed as the PR, you will need to take...
View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Legal Malpractice and Wrongful Death for Florida on
Q: Can I sue my lawyer for misrepresentation in Florida?

I retained a lawyer on 2/12/2021 with a retainage package that included federal appeals. However, my case was remanded to the state, and my lawyer claimed they do not handle federal appeals, leading to a loss in the federal case. There was a lack of updates regarding state and malpractice cases... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

Your inquiry is about a complex situation that is not possible to be definitively answered in an online forum. It sounds like your case was in Federal Court, which remanded it to State Court for the case to proceed there. Such remands could be either for technical reasons that don't interfere... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Can I pursue wrongful death and malpractice for antibiotic poisoning in CA?

I am considering pursuing a wrongful death and malpractice case after the passing of my mother, Margaret Lu, in November 2024. She was admitted to the emergency room and then the hospital, where she was wrongfully administered antibiotics, leading to antibiotic poisoning and severe complications.... View More

William John Light
William John Light
answered on Feb 21, 2025

Yes, you can sue. Contact some medical malpractice attorneys to discuss your potential claims. These case require expert testimony that the antibiotic was improper, or negligently administered, and that the antibiotics took your mother's life. Medical malpractice cases are among the hardest... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

James Clifton
PREMIUM
James Clifton
answered on Feb 20, 2025

I'm sorry to hear about the loss of your son. Any time there is a death or serious bodily injury, you need to be represented by an attorney. Determining fault is key to your wrongful death claim. Your son could bear responsibility if he drove negligently. The friend might be liable for letting... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 20, 2025

Well, I’m sorry to hear about the passing of your loved one and I extend my deepest condolences.

So from your facts, it’s ambiguous as to whether there was another car involved in this accident. The central question in this case is who caused the accident? If there was another vehicle...
View More

View More Answers

1 Answer | Asked in Energy, Oil and Gas, Personal Injury and Wrongful Death for Virginia on
Q: How can I prove a coal company and gas companys actions caused cancer in people like myself and other illnesses

In other people as well I need some help

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2025

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry for the health impact this has had on you and others in your surrounding community. If you wanted to conduct some preliminary fact-finding, you could research news sources and also check with... View More

4 Answers | Asked in Car Accidents, Insurance Bad Faith and Wrongful Death for California on
Q: Handling wrongful death claim deductions from insurance settlements

I am handling a wrongful death claim after an auto accident involving my parents. Initially, their insurer labeled a deduction as a subrogation fee, then later as an underinsured claim. This was applied to settlements from the other insurance several times, totaling four deductions. I let go of my... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 14, 2025

I understand your concern regarding the deductions, especially since the insurer is citing a law that mandates these deductions. To address this issue properly, I recommend speaking directly with an attorney who specializes in insurance law or wrongful death claims. They will be able to review the... View More

View More Answers

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.