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Wrongful Death Questions & Answers
3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Benjamin Z. Katz
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answered on Aug 17, 2023

Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More

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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: We have retained a lawyer to investigate a hit and run that killed my parents. Can you give me an idea how much $$?

How much is an average retainer in San Diego?

How many accidents should occur on a single street to justify a traffic signal be installed?

William John Light
William John Light
answered on Aug 10, 2023

There are many variable into "how much", such as the amount of insurance coverage, the comparative fault of all of the drivers, the number of claimants to divide the insurance, etc. We don't know any of that so no one can even begin to say "how much." If there is an issue... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: My sister was in a fatal car accident. They made her wait 4 hours then she had to walk home. Why no ride?

My parents where killed and nobody gave her a ride home. She was told to go to a diffrent hospital and missed my moms death by 10 minutes, Why did they do this?

William John Light
William John Light
answered on Aug 10, 2023

I am sorry for your loss.

The continuous posting of questions is beyond the scope of this forum. If you have a multitude of questions, just call a wrongful death attorney to discuss your potential claims.

As to your questions: The police do not have to give anyone a ride. As to...
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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: If a driver is allowed to leave the seen of a fatal accident by SDPD why are they not looking for him now?

My family was in a fatal car accident. There were 3 young men however, the driver was allowed by police to leave the scene and is not wanted for hit and run, Why? He murdered my parents and thats it? What is my recourse?

William John Light
William John Light
answered on Aug 9, 2023

If he talked to police at the scene, it's not hit and run, by definition. The police are free to let people leave the scene.

Your recourse is to talk to a personal injury attorney about filing a lawsuit for wrongful death. It is up to the police to investigate, and up to the...
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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: If a driver leaves the scene of a fatal car accident and his mother shows up. She is as guilty?

The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise

William John Light
William John Light
answered on Aug 8, 2023

No, the mother is not guilty. She may be liable civilly as the owner of the vehicle, or as the person who signed the documents who allowed her potentially minor son to obtain a provisional license. The mother did not commit a crime, however, based on the little information you have provided.... View More

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1 Answer | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: Your strategy for getting a documentary filmed at a funeral? Waivers... etc

My parents were both killed in an auto accident.

It needs attention for justice. We need to get the story out there.

Media package-What does that include?

They met 14-17 at a dance married 57 years.

The nicest people you would ever meet.

They came from 2... View More

James L. Arrasmith
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answered on Aug 8, 2023

First start by obtaining appropriate waivers and consents from the relevant parties, such as the funeral attendees and participants. I would ensure that the necessary permissions are obtained, and California's privacy laws are complied with throughout the filming process.

A media...
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1 Answer | Asked in Wrongful Death for Georgia on
Q: can my stepmother be held reliable for not giving my father the medication "blood thinners" that prescribed to him?

My daddy was preparing to have surgy when my stepmother quit giving him his medication without asking the doctor weeks before his surgery then daddy died from a blood clot during surgery. My stepmother gained a lot from his death plus 675,000 in life insurance.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Aug 5, 2023

First off, I'm sure that I speak for everyone when I say that I'm sorry for your loss. The death of a parent is a difficult thing, even without the possibility that another loved one may have caused it. That said, you have asked a complex question that is masquerading as a simple one. The... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: My mother passed in October the 4th 2017 from shock due to systemic infection. I want to know can I sue the hospital?

My mother had a catheter infection while she was in the hospital at UCSF

James L. Arrasmith
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answered on Jul 29, 2023

You may have the right to pursue a medical malpractice claim against the hospital if it can be established that the hospital's negligence in handling the catheter infection contributed to your mother's passing. To determine the viability of a lawsuit, it is essential to consult with an... View More

Q: I HAVE SEVERAL QUESTIONS. CENSUS. RELATED OCR MATERIALS. COURP BUSSINESS. HUNTER. ID. ??? ALL FACTORS STATE FEDERAL CA

I DO. PCR RESULTS. IDENTY THEFT. PROBE. GOV. HUMAN SUBJECT. SEALED

James L. Arrasmith
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answered on Jul 28, 2023

I understand that you have several questions related to census, OCR materials, corporate business, hunter identification, PCR results, identity theft, government probes, human subjects, and sealed information. However, your inquiry is unclear and appears to be a mix of different topics. To provide... View More

1 Answer | Asked in Civil Rights, Wrongful Death and Civil Litigation for Texas on
Q: How do I go about making a civil suit on WacoPD for murder and also the state for wrongful conviction
John Michael Frick
John Michael Frick
answered on Jul 25, 2023

To report a murder, go to the appropriate law enforcement agency for the area where the murder was committed. If the murder occurred in the City of Waco, you can report the murder to Waco PD or to the McLennan County Sheriff's Dept.

To file a wrongful death lawsuit, you should hire...
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1 Answer | Asked in Constitutional Law, Gov & Administrative Law, Probate and Wrongful Death for California on
Q: Brother’s Death Certificate not certified by a physician for his death and the deputy cornoner is fictitious

No signatures of certification. ME website says pending investigation. But not told this. How to solve this?

James L. Arrasmith
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answered on Jul 21, 2023

If there are issues with the death certificate, it is essential to address them promptly to ensure proper legal documentation. Contact the relevant authorities, such as the County Recorder's office or the Medical Examiner's office, to seek clarification on the status of the death... View More

1 Answer | Asked in Wrongful Death for North Carolina on
Q: My grandfather worked at a shipyard in Virginia I signed my trust fund papers over a year ago I do not know the attorney

Can anyone help me it was an mesothelioma case

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2023

A Virginia or North Carolina attorney could probably advise best, but your question remains open for three weeks. One option is to search under your grandfather's name. If it was on a court docket in any kind of multi-district federal litigation, it's possible it could come up. If it was... View More

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Indiana on
Q: My neighbors shot my 1 year old dog for injuring their goats. They did not kill any goats.

They called us to come get him after they had their goats pinned up. We live 2 houses down and in the 2 min it took my husband to go down and pick him up they decided to shoot my dog. He was not actively harming their goats. He was standing there a couple feet away in the fence and they shot him... View More

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

If your dog was out of your control and injured your neighbor's goats, you are responsible for the vet bill to treat the goats. If your neighbor decided to shoot your dog AFTER his animals were safe, he may be criminally liable but only the County Prosecutor has the authority to bring... View More

2 Answers | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: My sister was killed in a car crash in Tennessee. (Wrongful Death) Can I sue along with my dad against the insurance?
Anthony M. Avery
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answered on Jul 11, 2023

Only a policy holder can sue his own insurance co. If the fatality was a 1 car accident, it could be very tough to make a claim against anyone. But an attorney should investigate it first. If another party is at fault without insurance, then you sue them and notify the carrier of UIM claims.... View More

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1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: What family members have right to sue for wrongful death in Tennessee?

My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 10, 2023

I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim.... View More

1 Answer | Asked in Wrongful Death, Personal Injury and Medical Malpractice for California on
Q: Can I take legal action against a hospital and my OBGYN?

When I was 16 weeks pregnant I started having heavy bleeding and went to my OB and two Emergency rooms and was told not to do any heavy lifting due to my placenta being low. I was in and out of of both places for three weeks and I asked many times if I should go on bed rest and was told each time... View More

James L. Arrasmith
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answered on Jul 7, 2023

I'm sorry to hear about your miscarriage and the difficulties you faced during your pregnancy. If you believe there may have been negligence or malpractice, it would be worth consulting a personal injury attorney who specializes in medical malpractice cases. They can evaluate your situation,... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Wrongful Death for Texas on
Q: Question on attorney-client privilege vs ethics in regards to knowledge of a clients for someone's death in a dui charge

My girlfriends son was out with his gf and her friend and some sort of car accident happened which resulted in his death. The two girls said that he climbed out the rear window while they were driving because they were fighting. Police believed them (although they were allowed to fill out a single... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 2, 2023

It is protected by the attorney client privilege. The paralegal is in violation of her duties and the attorney is in violation of his ethical obligations because of what the paralegal did.

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3 Answers | Asked in Wrongful Death for Texas on
Q: My daughter was killed by a drunk & high driver. The DA on the case is not going to try the man for manslaughter.

They said my daughter was driving too fast and they think that the defense would beat them because of that. She was going 93 on impact the speed limit is 75 mph. They are only charging him with DWI & possession. I need to know if that's can be fought or not? Proof from the police reports... View More

John Michael Frick
John Michael Frick
answered on Jun 30, 2023

Because intoxication manslaughter is a second degree felony, a District Attorney cannot pursue charges for intoxication manslaughter against an individual unless a grand jury indicts that individual. If your daughter was driving 93 mph, it may be difficult to persuade a grand jury that a collision... View More

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1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: If a car was borrowed to commit a First degree murder, can I sue the owner of the vehicle and or their car insurance

My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this

Anthony M. Avery
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answered on Jun 20, 2023

That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal... View More

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: What case can you note where a CA malpractice claim can be tolled?

Need to claim a letter date than death of my husband to start the clock on a malpractice case

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2023

A California attorney could advise best, but your question remains open for a week. It could sometimes be difficult to get accurate input in terms of a case citation on a public forum. Such settings can be issue and fact-specific (for example, the discovery rule, where applicable per a... View More

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