answered on Sep 9, 2023
Yes. If the overdose was by medical staff, it's a potential wrongful death claim based on malpractice. If an illegal drug voluntarily taken, it's a potential wrongful death claim based on negligent supervision, but the claim would face some hurdles. If malpractice, consult a lawyer... View More 
Deceased was mentally disabled and on SSD prior to accident. It was a motor vehicle accident that caused his death, he was a pedestrian.
answered on Jun 18, 2023
Sorry to hear about your loss, the personal representative appointed by the probate court is the person who will bring the wrongful death lawsuit. A non-dependent sibling can qualify to bring the wrongful death lawsuit and recover damages on behalf of the qualifying family members and the estate.... View More
A wrongful death lawsuit has been filed is his dad entitled to half the payout in the lawsuit?
answered on Mar 14, 2023
Sorry to hear that. Being in prison should not disqualify the father from receiving his fair share, assuming his parental rights have not been terminated, but his fair share is not automatically half. His relationship to his late son is one of the factors to be evaluated.
I'm... View More
it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.
answered on Jan 23, 2023
I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... View More
The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well
answered on Jan 20, 2023
If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.... View More
Amazon driver dropped off a package roughly in between 1:30 and 2:30 p.m. and upon leaving struck my dog with the vehicle. And left my property without saying anything or contacting amazon. When I came back to my property minutes later my neighbor informed me that Amazon delivered a package and I... View More
answered on Dec 28, 2022
Sorry to hear about the loss of your pet. I have a dog, too, and can imagine your pain. If the death was accidentally caused (that, is caused by ordinary negligence), you likely have four years from the accident date to take legal action to recover (A) the fair market value of your dog at the age... View More
PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More
answered on Jun 28, 2022
Abortion care and any other kind of medical care must meet certain professional standards. If there is negligent conduct that is deemed to fall below those professional standards, and the negligent conduct is determined to be the cause of injury or death, there would be a potential medical... View More
My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last... View More
answered on May 9, 2022
This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital... View More
My mother was brutally beaten by her husband now ex. This took place less than a year ago. My mother was very healthy until he had beaten her and she was hospitalized. She had neurological damage, bleeding of the brain etc. I want to have an autopsy done to find the cause of death so that if it was... View More
answered on Mar 8, 2022
First, I would file a police report with the local agency who investigated the assault to put them on notice that your mother has died and you believe that it was caused by the first assault. There is a year and a day rule that most jurisdictions follow that establish that if a death occurs within... View More
Prison Location: North Carolina
My Location: Florida
Relation to deceased: Daughter
Date of Death: 10/18/2020
answered on Dec 12, 2021
So sorry to hear about your daughter. Since this happened in North Carolina, you must search for an attorney in that state. Look for attorneys handling civil rights. Options: (A) Click on the Justia find-a-lawyer tab up top; (B) Search the National Lawyers Guild site at... View More
But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... View More
answered on Sep 27, 2021
It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... View More
How shoot gun knocked out
answered on Jun 18, 2021
Your inquiry is not understandable. Perhaps you should get someone to help you type your question.
The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... View More
answered on Jun 16, 2021
You have asked two entirely different questions:
1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.
2) You might also want your attorney to review the contract between your family... View More
October 1981 Subdivision recorded. Private Roads. Plat dedicates use of roads to Property Owners. No language on plat transferring Developer road interests to anyone. No HOA mentioned on record plat. Separate "Declaration of Restrictions" filed by Developer in Public Records several days... View More
answered on Apr 12, 2021
Generally, if the roads are private roads dedicated to the owners, the owners would be equally and severally liable, meaning any judgment would be paid by the one or ones who are able to pay. A judgment would be against every owner and if not paid, a lien against each property. Your neighbors... View More
I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.
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answered on Apr 12, 2021
Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.
My stepmother was prescribed xenazine, for treatment of Huntington disease. Xenazine has the known side effects of depression and suicidal thoughts. My step mom was never depressed or suicidal before taking this treatment. 4 years ago, she committed suicide at home.
Is it probable to ask... View More
answered on Apr 11, 2021
Arising from the situation you describe are potential product liability and medical malpractice claims. However, you may have a statute of limitations problem. Not sure which State you are referencing, as you are writing to Fla. attorneys on Justia, but you are writing from Birmingham, Alabama.... View More
How to go about pursuing it?
answered on Apr 7, 2021
This type of claim is known as a "toxic tort", which is essentially a legal claim for harm (disease) caused by exposure to a dangerous substance, such as a chemical. The claim would potentially be against the employer, the manufacturer of the product that is causing people cancer, and... View More
Finds his brakes were faulty but did not contribute to the crash?
answered on Feb 23, 2021
There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the... View More
I know we have no rights to the lawsuit but we are her beneficiaries. Her health is troubling and I just want to know if we will keep her rights to the settlement if she passes. Ideally, we want her alive but I just am concerned. Worst thing is we were so close people thought he was my birth... View More
answered on Feb 22, 2021
If I understand you correctly, your mother currently is the plaintiff in a wrongful death lawsuit arising from the death of your step-father, which has not yet settled, but you are expecting a settlement or recovery at some point in the future. I wonder why you didn't ask your question to... View More
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