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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for Texas on
Q: MY SON PASSED AWAY IN THE TEXAS DEPARTMENT OF CORRECTIONS, AND I CAN NOT FIND A LAWYER TO TAKE MY CASE. WHY IS IT SO HA

WHY IS IT SO HARD TO FIND A LAWYER TO GO AGAINST TEXAS DEPARTMENT OF CORRECTIONS

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because it is very difficult to successfully prosecute a lawsuit against the Texas Department of Corrections, most attorneys will not accept such a case on a contingency fee. No one wants to spend the large amount of time and energy necessary to successfully pursue a wrongful death claim without... View More

1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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1 Answer | Asked in Civil Rights and Wrongful Death for Texas on
Q: Can I file a tort claim or civil right claim against the texas department of correction

My son died Nov 16 2023 while taking a shower at the powledge unit in Palestine tx. He yelled" I'm having a stoke, the officer in charge walked up to see him and said he was faking. Finally because inmates yelling for his help another officer comes in and calls for medical assistance, but... View More

James L. Arrasmith
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answered on Mar 8, 2024

In the wake of such a tragic loss, you might indeed consider taking legal steps against the Texas Department of Corrections, especially given the circumstances surrounding your son's death and the inmate grievances filed in response. Both tort claims and civil rights claims could potentially... View More

2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

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2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

I'm very sorry for the loss of your husband. I agree with my colleague on the pain and suffering element. It would depend on the nature, duration, and severity. You may already be represented by counsel, but if not, please keep in mind that if the railway entity you mention has public elements... View More

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1 Answer | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More

Kedra M. Gotel
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answered on Feb 27, 2024

You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More

1 Answer | Asked in Civil Rights and Wrongful Death for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Nebraska on
Q: Person kills two people runs from scene. Goes in next day wearing same clothes ran in. Why is the person not arrested?

Shouldn't that person be arrested just for leaving?

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you believe you have information that may be helpful to law enforcement for an open investigation, you can contact that agency's non-emergency line. A detective will contact you back if they are seeking the information you have to share.

Why law enforcement acted or didn't...
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1 Answer | Asked in Wrongful Death for North Carolina on
Q: Wrongful death of an individual caused by someone in a company vehicle, is there special circumstances for compensation?

Does the companies auto insurance company have to make a payout if a claim is filled? Is there a standard amount or can they offer whatever they want?

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry for this loss. This would need to be discussed with North Carolina attorneys in greater detail. It could depend on the capacity of the victim, whether employee or pedestrian or other, the... View More

3 Answers | Asked in Wrongful Death for Georgia on
Q: My mother was hit and killed by a vehicle that was racing with another vehicle. What lawsuits can I file?

The vehicle was racing another vehicle. The police report says the area was not well lit but it was on a main road in Florissant Missouri. She was attempting to cross the street from her apartment complex. The person that hit her is out on bail and his vehicle was insured under his mother's... View More

James L. Arrasmith
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answered on Feb 23, 2024

Firstly, you may have grounds to file a wrongful death lawsuit against the individual who was racing and ultimately struck your mother. Given that the accident resulted in her death, you, as her only child, may have legal standing to pursue this claim. The lawsuit would seek compensation for... View More

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1 Answer | Asked in Immigration Law, International Law and Wrongful Death on
Q: if my ex do something to herself will police or law make me responsible for it?

my ex and i broke up a month ago and she's obsessed with me but she's an alcoholic and she will do anything to get my attention she's older and manipulator, the problem is we're in italy and she's italian and i'm a foreigner im studying aboard and im middle eastern... View More

James L. Arrasmith
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answered on Feb 5, 2024

In Italy, as in many countries, if your ex threatens to harm herself or makes false accusations against you, it's essential to take the situation seriously. Your primary concern should be her safety and well-being. You should consider contacting local authorities or a crisis hotline if you... View More

2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

William John Light
William John Light
answered on Feb 3, 2024

You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More

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2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

James L. Arrasmith
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answered on Feb 3, 2024

In California, if you have lost touch with an attorney who was handling a significant case for you, there are several steps you can take to reconnect or to find out the status of your case. Given the serious nature of your situation, understanding your options is crucial.

First, you could...
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2 Answers | Asked in Wrongful Death, Medical Malpractice and Personal Injury for California on
Q: Would I have a case for malpractice, wrongful death ,or negligence. Due to the way the doctors handled my wife's care

In September October 2023 I took my wife to Mark Twain St Joseph Hospital in San Andreas on the 3rd visit they took blood cultures and sent us home. They called 3 days later to tell us she had a post-gram blood infection called in a 7-Day antibiotic to CVS said that would take care of it. When she... View More

James L. Arrasmith
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answered on Feb 1, 2024

It's essential to consult with a medical malpractice attorney in California regarding the circumstances surrounding your wife's care. Based on the information you've provided, there may be potential grounds for a medical malpractice claim. Negligence or wrongful death claims can... View More

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2 Answers | Asked in Wrongful Death, Medical Malpractice and Personal Injury for California on
Q: Would I have a case for malpractice, wrongful death ,or negligence. Due to the way the doctors handled my wife's care

In September October 2023 I took my wife to Mark Twain St Joseph Hospital in San Andreas on the 3rd visit they took blood cultures and sent us home. They called 3 days later to tell us she had a post-gram blood infection called in a 7-Day antibiotic to CVS said that would take care of it. When she... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

I'm very sorry for the loss of your wife. In regard to your question, it's possible elements of all three legal theories you ask about could be relevant. Malpractice is generally a negligence-based legal cause of action, so loosely speaking, they would apply the same/similar analysis. For... View More

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1 Answer | Asked in Civil Rights, Education Law and Wrongful Death for Michigan on
Q: Are public universities obligated to discipline students who are involved in a matter that results in the death

Of another student? Are they required to investigate the matter?

James L. Arrasmith
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answered on Jan 30, 2024

Public universities in Michigan, like other educational institutions, have a responsibility to maintain a safe and conducive learning environment for their students. In cases where a student is involved in an incident resulting in the death of another student, universities typically have a duty to... View More

1 Answer | Asked in Wrongful Death for New York on
Q: How can a medicaid lien be paid prior to me signing a release as the defense has yet to issue the release papers

After decree entry I'm confused they won't send the release papers without final lien letter which is undermining the judges final entered decree yes letters were sent and final decree entered, but how can we pay medicaid if they won't sign release

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 29, 2024

Your Medicaid lien cannot be paid until such time as you have signed the settlement papers / release. If you haven't already, you'll need to request a final lien amount from Medicaid which may take several weeks. The final amount of the Medicaid lien may be incorporated into the release... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Wrongful Death for California on
Q: Looking for a lawyer to help me with an lawsuit that owner and property manager would not send me back my security depos

I have no money for an legal lawyer that I was wrongfully accuse of a unlawful detainer which owner and property manager received rent payments from housing authority that they got free government rent from tenant and housing authority.

Every since 3/5/2020 a whole year went by without... View More

James L. Arrasmith
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answered on Jan 27, 2024

Under California law, tenants have the right to a habitable living environment, and landlords are required to maintain rental properties in a condition fit for living. This includes addressing pest infestations and ensuring the property adheres to health and safety standards. If the landlord fails... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Wrongful Death for California on
Q: Looking for a lawyer to help me with an lawsuit that owner and property manager would not send me back my security depos

I have no money for an legal lawyer that I was wrongfully accuse of a unlawful detainer which owner and property manager received rent payments from housing authority that they got free government rent from tenant and housing authority.

Every since 3/5/2020 a whole year went by without... View More

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2024

I'm very sorry for the loss of your wife from the mold condition. You're seeking a lawyer. It's difficult for law firms here to respond with an offer of their services - the forum is not set up like a lawyer referral site. In addition to your own searches, there is a tab above,... View More

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2 Answers | Asked in Wrongful Death for New York on
Q: My case settled and Decree was entered 20 days ago , which stated settlement to be paid within 10 days from date

However paralegal stated that didn't apply to us for whatever reason, this was a wrongful death surrogates case ,and now I'm told the defense is refusing to send the release papers without a final lien letter from medicaid ,however that was all established when they didn't show for... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 26, 2024

The Court order governs the time in which the defendant has to make payment on the settlement. If payment is not contingent on receipt of Medicaid lien, it's not contingent. Although most insurance carriers will not issue a check until they are satisfied that there are no outstanding... View More

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