Get free answers to your Wrongful Death legal questions from lawyers in your area.
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 
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
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
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.
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
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.
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
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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
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
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
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
They said it’s because he was underinsured. What makes him underinsured? The claim is not for underinsured claim. I had to let my lawyer go because she was not fighting for my best interest and pressured me to sign when I didn’t feel comfortable about it and now I have a settlement from my... View More
answered on Feb 13, 2025
If your parents are deceased, and you are making a claim for their insurance, it’s an underinsured motorist claim. Ask the insurance adjuster with whom you are dealing so you can confirm. You shouldn’t be doing this by yourself. First, you are acting as an attorney for your sister. That’s... View More
My parents died in an accident we were in abs their insurance wants to take the settlement amount I received from the at fault driver out of their settlement they are saying the driver was underinsured that’s why. It is for a wrongful death settlement they said it’s the law they have to take... View More
answered on Feb 11, 2025
If you have a wrongful death case, and you don't have an attorney, you are being foolish. If you have an attorney, ask him this question. If you are making a claim against your parents underinsured motorist coverage, then yes, amounts paid by the at fault driver's insurance are... View More
answered on Dec 31, 2024
A doctor can be liable for something like this but it depends on why the stroke occurred and when it happened. There is not enough information in your inquiry for me to give you a more definitive answer. If the doctor breached the standard of care during the operation or afterwards during her post... View More
answered on Dec 31, 2024
Possibly. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Consult with experienced malpractice attorneys in the state where this occurred.
Use the JUSTIA... View More
My daughter was born in 2014 and diagnosed with brain cancer in 2021. Rady children’s has royally screwed up everything in the beginning.
Anyhow, she shall soon pass away. Going into 2024, we got robust control of everything in 2023, stable. But then big misses were made by radiology... View More
answered on Nov 25, 2024
I am sorry for your loss.
You may have a case. A pediatric radiologist and a pediatric oncologist will need to review the records and gives opinions as to standard of care (in missing new lesion) and causation. Unfortunately, that is not cheap and most attorneys will require a retainer... View More
answered on Nov 13, 2024
Yes, the victim or her heirs can sue, but the victim is apparently dead, and it is unclear who you are and what your relationship to the case is. Whether the US Government is liable for the action of the agent depends on a lot of facts which are not included in your post. If the agent was acting... View More
answered on Oct 28, 2024
There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More
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