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
California Wrongful Death Questions & Answers
2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for California on
Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?

My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More

View More Answers

2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.

The terms of the trust control who is in charge of the assets. If...
View More

View More Answers

2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More

View More Answers

3 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: Hi my cousin fell in her garage on Xmas eve after coming from my houseShe fell hard and bumped her head

She went to her doctor in the next couple days and he told her she was fine no testing or anything

A week or so later she started getting bad headaches so she went to emergency Mercy San Jan they checked her out and found multiple fractions in her spine and up to her neck and sent her to a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2024

I'm so very sorry for your loss. It sounds like your cousin went through a truly terrible ordeal after her fall on Christmas Eve. Suffering multiple fractures, infections, and pain like that is just awful.

Based on the details you provided, it seems there may be grounds for a medical...
View More

View More Answers

4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who... View More

View More Answers

4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2024

I'm so sorry to hear about your husband's passing. Losing a loved one is always difficult, and it's understandable to have questions about the medical care they received.

In California, to determine if you potentially have a medical malpractice case, several key factors need...
View More

View More Answers

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I want to file a case for medical negligence in Santa Clara California. Which documents should I use?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

To file a medical malpractice lawsuit in Santa Clara, California, you will need to prepare and submit the following key documents:

1. Complaint: This is the initial document that starts the lawsuit, outlining the facts of your case, the parties involved, and the legal basis for your claim....
View More

View More Answers

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024

I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:

1. Check local leash laws and...
View More

View More Answers

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

William John Light
William John Light
answered on May 23, 2024

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

View More Answers

1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

I'm very sorry for your loss and the difficult situation you're facing. Under California law, the determination of the time of death can be complex and may involve several factors, including the findings of the autopsy, the scene investigation, and other medical and scientific analyses.... View More

1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

I'm deeply sorry for your loss. In California, determining the time of death is typically within the responsibilities of the coroner or medical examiner, especially when an autopsy is conducted. Ethylene glycol poisoning can be fatal, and the presence of this substance in your daughter's... View More

2 Answers | Asked in Wrongful Death for California on
Q: How do lawyers go about demands in wrongful death cases?

I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance... View More

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

These questions should be answered by your attorney, who is paid for this information. However:

1. Insurance companies don't drop the ball and let their insureds fend for themselves. If that happened, it would be the best possible result for you because some serious consequences for...
View More

View More Answers

2 Answers | Asked in Wrongful Death for California on
Q: How do lawyers go about demands in wrongful death cases?

I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

In a wrongful death case in California, the process typically involves the following steps:

1. Your lawyer will send a demand letter to the defendant's insurance company, outlining the facts of the case, the damages suffered, and the compensation sought.

2. The insurance...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

I'm very sorry for the loss of your mother. It's possible you could - but a law firm could offer more definitive guidance if you set up a free initial consult to discuss in more detail. Gather what records you have - if a law firm identifies a basis for a possible case, they could... View More

View More Answers

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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

4 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?...
View More

View More Answers

4 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

4 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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.