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
4 Answers | Asked in Products Liability, Wrongful Death and Personal Injury for California on
Q: Husband passed due to insulin pump malfunction; next legal steps?

In early March, my husband passed away, and I believe it was due to a malfunction of his new insulin pump. The pump kept failing, which may have resulted in incorrect insulin dosing. I reported the issue to the manufacturer and relevant authorities, and I have records of all his calls to the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 11, 2025

So so sorry to hear this. Definitely avoid too much interaction with insurance companies, yours or the hospitals' or doctors' and reach out to speak to counsel asap to best protect any/all claims here. IF the attorney is experienced but not say in this area of law, s/he may have a good... View More

View More Answers

2 Answers | Asked in Car Accidents, Wrongful Death, Probate and Personal Injury for California on
Q: Do I have rights to a settlement after my partner's death without a will?

My partner of 35 years passed away last year following a car accident in 2021. We had lived together for 12 years, and I provided financial support for him after the accident. I am recognized as his partner legally. The settlement from his accident is anticipated to be completed in June this year.... View More

Eliza Jasinska
Eliza Jasinska
answered on Apr 3, 2025

In California, unless you were legally married or in a registered domestic partnership, you do not automatically have inheritance rights to your late partner’s accident settlement under intestate succession laws. However, if the settlement includes wrongful death compensation and you were... View More

View More Answers

3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Seeking legal advice for potential medical negligence case after husband's passing.

I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 2, 2025

I'm very sorry to hear of your loss. Reach out to an experienced medical malpractice attorney to discuss filing a possible malpractice lawsuit. But keep in mind that there is a 1 year Statute of Limitations on filing such a claim, which runs from the date you discovered the malpractice.

View More Answers

3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Seeking legal advice for potential medical negligence case after husband's passing.

I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More

Eliza Jasinska
Eliza Jasinska
answered on Apr 2, 2025

I'm very sorry for your loss. You may have a medical malpractice case against Kaiser for failure to diagnose and delayed treatment. In California, you must prove the care deviated from the standard and caused harm. Key steps: obtain medical records, consult a Kaiser-experienced malpractice... View More

View More Answers

3 Answers | Asked in Wrongful Death, Car Accidents, DUI / DWI and Personal Injury for California on
Q: How can I access information about my son's case related to a drunk driving incident?

I am seeking information about a legal case concerning the death of my son, who passed away due to a drunk driving incident on April 8, 2023. His father opened the case, but he hasn't shared any information with me. I want to know how I can get access to all details regarding the case,... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 1, 2025

It would be prudent to do as the below attorney suggests and file a case for yourself. You can go to the county court's website and do a name search. Once you find the complaint it should give you all the information you want. The county will either be the county where the accident occured or... View More

View More Answers

3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: How do I file a medical malpractice and wrongful death case for my mother in California due to hospital negligence?

I want to file a medical malpractice and wrongful death case regarding my mother's treatment at Mercy San Juan in Carmichael, California. She was admitted to the hospital on January 23, 2025, with low oxygen and possible a-fib, but unknowingly had a UTI that made her agitated. Despite her... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2025

I am so sorry for your loss and for how she suffered needlessly.

There are many aspects of a medical malpractice/wrongful death case. First is the one year time limit. It appears you are well within that, but do not delay in getting an attorney.

The next issue is did the health...
View More

View More Answers

2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Legal actions for inadequate care leading to dehydration, weight loss, and death of a sedated patient in hospital.

I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More

Randall R. Walton
PREMIUM
Randall R. Walton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2025

You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... 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

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

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

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

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

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

7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Scott D. Cohen
PREMIUM
Scott D. Cohen
answered on Feb 13, 2025

While not required, it's strongly advisable to hire a lawyer in this situation. I am happy to discuss this matter with you further, in private, if you wish to contact me on the phone. It's probably best not to discuss your case further in a public forum while the case is pending... View More

View More Answers

7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 13, 2025

Yes, you should retain an attorney right away. Mediation in a hit-and-run case involving the death of your son is a serious legal matter, and the driver's insurance company will likely have legal representation to protect their interests. An attorney can advocate for you, ensure you receive... View More

View More Answers

7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 14, 2025

You don't have to but you really should. Most personal injury attorneys will take your case on a contingency basis, meaning you don't pay them anything and they only get paid if they win. The insurance companies don't want you to get an attorney because they do much better going... View More

View More Answers

7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

It sounds like you have a very serious and potential high value case. You don't know the worth of the case, including how any defenses may effect that worth. You don't know what you don't know. The short answer is yes, you can go without an attorney. The question you should be... View More

View More Answers

2 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Do I have a case against the hospital for negligence/ wrongful death?

My wife was taken to the hospital in an ambulance with severe breathing distress from a viral infection in both lungs and upon arriving at the hospital was not evaluated and assessed and put in the waiting room . After not being seen for at least 45 mins to an hour she called me crying and was... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 13, 2025

This is a medical malpractice question with intervening factors and assumption of the risk issues. Contact a few malpractice attorneys for a free consultation. Please note that many experienced med-mal attorneys may not even look at your case because it involves death. California voters have voted... 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.