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Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can non dependent siblings sue for wrongful death in Florida if the other possible recipients are deceased or estranged?

Deceased was mentally disabled and on SSD prior to accident. It was a motor vehicle accident that caused his death, he was a pedestrian.

James Clifton
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James Clifton
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

1 Answer | Asked in Wrongful Death and Personal Injury for New Jersey on
Q: Can I sue hospice worker for overdose of meds
Tim Akpinar
Tim Akpinar
answered on Jun 15, 2023

I'm sorry for your family's ordeal. Such matters generally require thorough review to offer an answer. One option is to reach out to law firms to try to arrange a free initial consult. They would want to know more about the facility, the patient, the medication, how it was administered,... View More

1 Answer | Asked in Wrongful Death, Civil Litigation and Personal Injury for Nevada on
Q: How long does a third interested party in a civil wrongful death case have to file for an intervention?

Case was filed on the first of June, the statute of limitations ran out on the twelfth. Prior to the filing, drafts of the complaint were given to the plaintiffs, (M-mother of the deceased, S-sister to the deceased by F-father of the deceased &special administrator to the estate of the... View More

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Generally speaking, the right to sue for wrongful death is personal to the statutory beneficiaries of a decedent. Usually, when a wrongful death beneficiary dies, her cause of action for damages arising from the wrongful death of another ceases to exist. Ordinarily, her cause of action does not... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Wrongful Death for Colorado on
Q: Justice for my son who was wrongfully murdered by a Englewood Police officer. It's being ruled as justified.
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This case arises under CIVIL RIGHTS/EXCESSIVE FORCE law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer. CALL AN ATTORNEY NOW!!!!!

1 Answer | Asked in Medical Malpractice and Wrongful Death for California on
Q: How can I find my mom's hospital records and medical videos taken my her team of Doctors? Riverside General hospital, ca

She was a patient was studyed due to the Arm,shoulder and left breast .8 hour surgery, three teams of Doctors ,interning . I remember my mom sighing paper work for release

James L. Arrasmith
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answered on Jun 6, 2023

To obtain your mother's hospital records and medical videos from Riverside General Hospital in California, follow these steps:

Contact the hospital and inquire about their process for requesting medical records.

Complete any required forms and provide the necessary...
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1 Answer | Asked in Wrongful Death and Probate for Minnesota on
Q: Is there legal action we can take regarding our Trustee tampering with our side and not doing her job?

So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should... View More

Robert Kane
Robert Kane
answered on May 27, 2023

There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to "one side of the family." There are different ways to approach the situation. The circumstances would dictate the appropriate approach.... View More

4 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?

They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... View More

Randall R. Walton
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answered on May 23, 2023

I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... View More

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Is this a medical malpractice case?

My BIL's aunt passed yesterday at a hospital in GA. She had told the doctor's and nurses there that she had a pacemaker when they wanted her to have an MRI--she told them several times that she did not want an MRI b/c of this, however, they moved forward with the testing and she... View More

Kimberly Grant
Kimberly Grant
answered on May 11, 2023

Your aunt's husband or, if she wasn't married, surviving children, should contact a medical malpractice attorney in Georgia as soon as possible to investigate this matter. An MRI is usually contraindicated with someone with a pacemaker or other metal objects.

We are currently...
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1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for New Mexico on
Q: What happens if a Dr signs release forms after a successful procedure and the patient winds up dying

My father had a feeding tube put in and they said there was no complications and they even signed release forms but not even 48 hrs later he died of internal bleeding. He had told the nurse that his stomach was hurting and nothing was done also he mentioned that they didn't know what was wrong... View More

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

I am so sorry for your loss.

You should Consult with experienced attorneys. 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. This sounds like it could be malpractice.

1 Answer | Asked in Family Law and Wrongful Death for Kentucky on
Q: My child was left home alone with a loaded gun and committed suicide. Can I sue his custodian for wrongful death?

I lost custody to my ex (who is not the father of the victim). He has a history of leaving his gun where it is easily accessable to the children. I have copies of emails that I sent him prior to the incident about how I was worried about the childrens safety. Leading up to his death , my depressed... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

You can certainly try, yes.

2 Answers | Asked in Stockbroker Fraud, Trademark and Wrongful Death for California on
Q: I am ok with opting in my information now too but I understand the critics I don’t need that though what I need help

Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 23, 2023

you must clarify what you are asking.........

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1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Q: Hey I'm trying to find my mother court/trial report! I was young so I really can't remember what exact year but we sued

Central Carolina hospital in Sanford lee county NC. Her name was Vickie McKoy but she was still married so it might have been Matthews. Our lawyer names were Bain and David McRae. She died Dec 09 1999. I'm thinking we started the lawsuit maybe 2001 2002!? I was only 8 then so if you could... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 22, 2023

Many court records are online. Otherwise you can go to the courthouse where it likely occurred. There are also pay databases that can search court records.

1 Answer | Asked in Criminal Law, Federal Crimes, Libel & Slander and Wrongful Death for Georgia on
Q: would it be suspicious if I was notified 40 minutes before time of death on the death certificate

the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Apr 20, 2023

Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney... View More

3 Answers | Asked in Legal Malpractice and Wrongful Death for Texas on
Q: My husband was in a rehab facility and there where several incidents that occurred and this last one resulted in his de

Resulted in his death what should I do

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

The first thing is have someone perform an autopsy on your husband’s body to determine the cause of his death. Ask the medical examiner to focus on any mistreatment or malpractice that might have contributed to his death. Include a full toxicology screen.

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1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Idaho on
Q: I am caring for my mother in law with dementia. If she causes injury to another can I be held liable?

I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?

Mark A. Siesel
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Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023

Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for South Carolina on
Q: My father died Jan 10, 2020 in Vanderbilt Hospital where he was sent by the VA in Columbia, SC for a stem cell treatment

he died from nasal cavaty cleaning that went to far and hit his brain he bled out and died.

Joel Gary Selik
Joel Gary Selik
answered on Apr 13, 2023

Not all bad results are malpractice, the health care provider must have acted below the standard of care. What you describe does sound like malpractice but a doctor would have to confirm the breach of the standard of care. Consult with experienced medical malpractice attorneys in your state.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Wrongful Death for North Carolina on
Q: Who do I contact about a fake will a sibling is trying to use after the death of their brother abs mother
N'kia (NLN)
N'kia (NLN)
answered on Apr 9, 2023

You might start by contacting an attorney who handles estate/probate law.

1 Answer | Asked in Personal Injury, Elder Law, Medical Malpractice and Wrongful Death for California on
Q: If we file now a change of defendant names of a 2022 case, can we consider it as new filing in 2023 with new MICRA CAP?
Dale S. Gribow
Dale S. Gribow
answered on Apr 6, 2023

i think this is the question i just spent an hour discussing with you.

one of the biggest issues will be that the victim was 89 and one would not expect to have economic damages. Thus you would be limited to statutory amounts.

most of the lawyers I know will not take a med mal worth...
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1 Answer | Asked in Health Care Law, Wrongful Death and Medical Malpractice for Georgia on
Q: Dad died at hospital, I feel there was negligence. Is this is a case?

My 83 yr old Dad was in a local nursing home, positive for Covid on 3/23. Told multiple times he was good. Visited on 26, I asked nurse how he was, told fine but I found him unresponsive. I asked for help with him but only nurse was giving meds and none of 3 CNA at desk would answer when used call... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 5, 2023

This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.

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