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Wrongful Death Questions & Answers
1 Answer | Asked in Family Law, Gov & Administrative Law and Wrongful Death for California on
Q: What kind of attorney practices in cps lawsuits my daughter was in their care when she was murdered
James L. Arrasmith
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answered on Nov 11, 2023

In California, lawsuits involving Child Protective Services (CPS), especially those as serious as a wrongful death case, are typically handled by attorneys with expertise in civil rights and government liability law. These attorneys often have experience in dealing with state agencies and... View More

1 Answer | Asked in Probate and Wrongful Death for Illinois on
Q: I have a question about distribution of a wrongful death settlement to heirs once the amount enters probate.

The probate attorney for the special administration of the estate stated the wrongful death settlement amount per heir is based upon each of the heirs "relationship" with the deceased. Therefore if one sibling had a closer relationship they would get a larger share. I don't believe... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 7, 2023

Assuming you are talking about Illinois probate law, if there is not will then the distribution is by statute and the governing statute is pretty straightforward and clear. It does not talk about the relative dependency of any heir. Good luck.

1 Answer | Asked in Criminal Law, Native American Law and Wrongful Death for Oklahoma on
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage

What type of crime would that be?

James L. Arrasmith
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answered on Nov 7, 2023

If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More

1 Answer | Asked in Consumer Law, Probate and Wrongful Death for Kentucky on
Q: I am the only blood child what are my rights

Being the only child can i stop the executor of my father’s estate until i can get an investigation on his death? His ex wife’s son is executor of his estate the police went out to check on his home for me and they was there emptying the home and he had not been in the ground 30 minutes. I was... View More

Timothy Denison
Timothy Denison
answered on Nov 5, 2023

You need to hire a lawyer, open probate, get appointed and then open your own investigation into his death. This could be time consuming and costly, however, with guarantee as to any results.

1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: What is a blind plea?

Indictment reduced from felony murder to involuntary manslaughter.

Glenn T. Stern
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answered on Nov 3, 2023

A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make... View More

1 Answer | Asked in Wrongful Death and Criminal Law for California on
Q: If someone breaks into my home at night using a crowbar on my french doors, do I have the right to use deadly force?

Does the use of a crowbar constitute violent entry? I was home alone and I'm 80 years old. Could I be prosecuted for homicide?

James L. Arrasmith
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answered on Oct 28, 2023

Under California law, you have the right to defend yourself and others in your home from an imminent threat of death or great bodily injury, which is often referred to as the "Castle Doctrine." If someone breaks into your home, particularly at night, using a tool like a crowbar, it can be... View More

2 Answers | Asked in Wrongful Death for Illinois on
Q: Can I file an extension for the 2yr statute of limitations in Illinois if the plaintiff was legally incompetent?

The laws and exceptions to extend are different for each state I believe. So would I have time to extend in Illinois if I can prove the plaintiff was legally incompetent at time of injury and the defendant was out of state? How can I file the extension before the statute expires?

Adam Maksimovich
Adam Maksimovich
answered on Oct 27, 2023

The answer to this question would depend, in part, on whether the Plaintiff was under a "legal disability" at the time of the injury, as Illinois law provides for an "exception" to the general statute of limitations rule, with respect to people with a "legal... View More

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2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?

I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?

David Soble
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David Soble
answered on Oct 18, 2023

The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More

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1 Answer | Asked in Wrongful Death for Texas on
Q: I want to sue the state police I live in lovington nm

My brother was killed on october 13 2022 he was followed and someone caused him to roll his truck he survived the roll over he was on the side of the road after he got out his truck and his mother in law at the time hit him with her car and sadly he passed she claims she did see him tell she... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

It doesn’t sound like you have any cause of action against police.

If you are the personal representative of your brother’s estate, you may be able to bring a case on behalf of his estate against his mother in law.

1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: In a wrongfully death case do we have to include my son's daughter who he signed off of her after she was born .??

Is she still entitled to get social security ?? She has never been adopted she was raised by her mother my son's x girl friend

Charles Candiano
Charles Candiano
answered on Oct 8, 2023

If your son legally relinquished his paternal rights to the child, her rights were terminated. You are represented by Indiana counsel in your wrongful death suit concerning your son. This is a question for your attorney. Your attorney may think it best to provide the information to the Court... View More

3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.

Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit?

James Otto Heiting
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James Otto Heiting
answered on Oct 6, 2023

With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up.... View More

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2 Answers | Asked in Wrongful Death and Animal / Dog Law for Ohio on
Q: My 6 yr old Morkie died because he had surgery at a major medical clinic and they left a sponge in him..what do I do now

They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

While your family was devastated by the loss of a pet, and you probably consider your pet to be part of the family. In Ohio, a pet is merely personal property and there is no emotional or other non-economical damages that can be recovered, absent circumstances that your post does not mention.

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1 Answer | Asked in Wrongful Death for California on
Q: DESPERATELY IN NEED OF A LAWYER,TO WIN THIS OVER FOR MY MOM,HOW CAN WE PUT THEM AWAY AND MAKE THEM PAY EVERY PENNY BACK?

My mom had first stages of dementia about 2 years ago she recently passed away she is my best friend. I took care of her full-time everyday for almost 8 months, meanwhile her boys who she trusted most and my brother just started to get durable power of attorney, HE THEN ROBED HER OF ALL HER SAVINGS... View More

James L. Arrasmith
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answered on Sep 20, 2023

I'm very sorry to hear about this traumatic experience. In a situation with serious allegations such as these, it is critical to consult with an experienced attorney who can help you navigate the legal intricacies involved. They will likely advise gathering all relevant documentation (like... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: What would be the best type of lawsuit over my daughter's death?

My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as "normal." The standard of care is to closely follow growth with more ultrasounds in the case... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 18, 2023

It would be wrongful death resulting from medical malpractice. Your problem however is the fact that there is no treatment for abnormal or marginal cord placement. To have a claim based on malpractice, you would have to prove malpractice caused the injury (i.e. your daughter's death). If... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Give a good reason for tolling the malpractice 1 year cutoff

The spouse could not see malpractice until after she followed with cancer diagnosis too.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 18, 2023

I'll give you 4-good reasons:

1) minor

2) out of the state

3) prison, or

4) insane

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1 Answer | Asked in Federal Crimes and Wrongful Death for Oregon on
Q: Hi. So I have a question. If I tell someone to kill themselves and then they actually do it, will I face police trouble?

Like not them making an attempt like if they full on kill themself. Will I face charges?

T. Augustus Claus
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answered on Sep 13, 2023

It's important to talk to someone such as a mental health professional or a trusted person in your life.

1 Answer | Asked in Wrongful Death for Florida on
Q: My husband died while he was in county jail from a drug overdose. Do I stand a chance fileing a wrongful death lawsuit?
Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Wrongful Death on
Q: My inlaws recently filed a wrongful death lawsuit against a local hospital. It has been about 2, well now the husband of

Is having daily family calls about all this money he is about to get. My wife wasn't on board at first, but recently she had to sign some trust papers or something. She beginning to believe the story. I want to tell her to pump the brakes and wait and see what happens, but I don't want to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2023

I'm sorry for your family's loss. There's a tendency for plaintiffs to do that in all types of cases. It's human nature. Good luck

2 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: why is there no charge of homicide only arson.

Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at... View More

Christopher Walsh
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Christopher Walsh
answered on Sep 4, 2023

As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect... View More

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1 Answer | Asked in Wrongful Death for Missouri on
Q: Can I suit the state of MO for my grandson death in the Jackson County Detention and if so how do find an Attorney .

He was beating and drugged. I have the 48 page documents

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

No because you lack standing under Missouri's wrongful death statute. Your grandson's spouse, or his children, or their children. or his mother or father can bring a lawsuit for wrongful death. If there are no such persons alive, then your grandson's brothers or sisters or their... View More

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