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Wrongful Death Questions & Answers
1 Answer | Asked in Landlord - Tenant, Personal Injury and Wrongful Death for Massachusetts on
Q: Can a landlord be held liable for injuries in a tenants leased space that they have full control of?

Id like to know if a commercial landlord can be held liable for any personal injuries suffered by any persons within the confines of the tenants leased space that a tenant has full control of, when the tenant agrees per lease agreement they are solely responsible to perform ALL upkeep, repairs and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In general, a commercial landlord's liability for injuries that occur within a tenant's leased space is limited when the tenant has full control over the space and has agreed to maintain it. However, there are some exceptions and nuances to consider:

1. Lease agreement: If the...
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2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

James L. Arrasmith
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answered on Apr 14, 2024

I'm sorry to hear about the loss of your mother and the difficulties you're facing with the wrongful death settlement. It sounds like a challenging and emotionally taxing situation. Here are some steps you can consider taking to help resolve this issue and obtain the funds you are... View More

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2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

Anthony Matthews
Anthony Matthews
answered on Apr 15, 2024

In a Georgia Wrongful Death case, the surviving children have the right to share the recovery with the surviving spouse. However, under Georgia law, the surviving spouse cannot receive less than one-third of the wrongful death damages (with limited exceptions). In the scenario you have described (a... View More

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking

James L. Arrasmith
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answered on Apr 9, 2024

I'm so sorry for your loss. Based on the information provided, it seems like there may be grounds for a medical malpractice lawsuit against the hospital. Here are a few key points to consider:

1. Standard of care: If your mother failed a swallow evaluation, the hospital had a duty to...
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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking

Eliza Jasinska
Eliza Jasinska
answered on Apr 9, 2024

You may have a case. Please discuss the merits and facts with a medical malpractice attorney. Some errors and omissions don't amount to medical malpractice and experts have to certify that the doctors, nurses, and/or hospital's conduct fell below the standard.

The information...
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1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Q: What can I do if another patient in the same hospital room as my grandpa ripped out his feeding tube and he died ?
Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A West Virginia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your grandfather. In terms of what you can do, you could try to arrange a consult with a law firm that handles such cases. Free initial consults are the norm in the... View More

2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mother died at a kaiser hospital in Los Angeles, ca on June 29th 2023. how can i sue them for medical malpractice

her death certificate said she died from a heart attack. i believe it was caused due to poor follow-up care after surgery

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about your loss. In California, if you believe your mother's death was due to medical malpractice, the first step is to consult with an attorney experienced in medical malpractice claims. They can help you understand the complexities of medical malpractice law and... View More

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

There may be a good medical malpractice case. An experienced medical malpractice attorney will want to review the death certificate and medical records, and, potentially consult with an expert medical doctor to determine any breach of medical standard of care, which is required to prove a case.... View More

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

James L. Arrasmith
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answered on Mar 27, 2024

I'm truly sorry to hear about your loss and the circumstances surrounding your son's passing. In the state of California, when it comes to determining whether medical malpractice or wrongful death has occurred, the key factors considered include whether the healthcare providers failed to... View More

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2024

write out a detailed summary of the facts and set up an appointment with a local med/mal lawyer.

do you have a doc that says they did not meet the standard of care that society mandates?

I would assume you have talked to medical malpractice lawyers already. What did they say?...
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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: What is the procedure to get details of the documents and evidence based on which a coroner report has been amended?

1. Can the cause and manner of death in a coroner report be amended?

2. What is the procedure to amend the coroner report?

3. If the deceased family has got the coroner report amended, what is the procedure to get details of the documents and evidence on basis of which the report... View More

James L. Arrasmith
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answered on Mar 25, 2024

1. In California, the cause and manner of death listed in a coroner's report can indeed be amended if new, significant evidence comes to light or if there was an error in the original findings.

2. To amend a coroner's report, typically, a request must be submitted to the...
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1 Answer | Asked in Contracts, Products Liability, Wrongful Death and Personal Injury on
Q: How do I eliminate any personal liability when donating hearing aids, rollators, braces, BP monitors, etc? Thanks.

I am an individual wishing to donate items at no cost to individuals and organiztions in need. These items were provided to me new for me to try out and write an honest review, so they are technically not new but certainly not used. My goal is to protect myself from being sued by any recipient... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. You could consider writing a disclaimer, liability waiver, or similar document that aims to limit your liability. However, ultimately, there's no control over predicting whether anyone would sue or not,... View More

3 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Can I sue what doctor for not following protocol when being diagnosed with sepsis?

My daughter was brought into Kaiser getting really bad shape wearing diapers with two weeks worth of feces she was in really bad shape mentally and physically the reason for being brought in was possible overdose then she was diagnosed with sepsis and instead of transferring her to a hospital that... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, if you believe that medical professionals failed to follow standard medical protocols resulting in harm, you may have grounds for a medical malpractice lawsuit. In cases involving sepsis, which is a severe and potentially life-threatening condition, the standard of care requires... View More

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3 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Can I sue what doctor for not following protocol when being diagnosed with sepsis?

My daughter was brought into Kaiser getting really bad shape wearing diapers with two weeks worth of feces she was in really bad shape mentally and physically the reason for being brought in was possible overdose then she was diagnosed with sepsis and instead of transferring her to a hospital that... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 25, 2024

you should read the suggestions of the lawyers herein, and then call a Med Mal attorney in your area.

let him or her review the evidence and determine if they will accept the case.

if they do they will not ask you for money but will take the case on a contingency.

most med...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: Does someone have grounds for medical malpractice if the cause of death was not caused by surgery?

The patient had foot surgery, was in a care facility where they were supposed to have physical therapy and heal, stayed longer because of podiatrist's orders, wasn't until patient was taken to next podiatrist appointment that the doctor noticed she wasn't well and they called... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of the patient. Based on the brief post, attorneys here could agree with you that closer observation could have been a factor. But the most definitive way to answer your question... View More

1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

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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