Get free answers to your Wrongful Death legal questions from lawyers in your area.
Your current state is Ohio
I believe I have a medical malpractice suit but need to have a review done before I can move ahead however I'm not sure how to do so
answered on Apr 2, 2023
Hire an attorney. If you do not have an attorney hire and communicate with the expert, your communications may not be privileged.
There are many ways to find experts, including searching online, past case investigation, expert services, nursing consultants, etc
The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.
Thank you,
Claudia
answered on Mar 27, 2023
So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... View More 
answered on Mar 23, 2023
18 - 36 months. Although I do still have four pre-COVID cases pending set for trial later this year.
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... View More
answered on Mar 22, 2023
Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive)... View More
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
answered on Mar 17, 2023
You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline
You can speak to an attorney who is familiar with medical malpractice and Elder... View More
Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will
answered on Mar 16, 2023
I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.
In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... 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
Bayer has been fined and sanctioned by the Justice Dept. and other government agencies any number of times, including recent ones regarding various products they produce and which have caused harm.
answered on Mar 7, 2023
Bayer makes a lot of different products from pharmaceuticals to seeds.
I would think to establish a pattern relevant to a particular suit the fines would need to involve the same product and the same or similar behavior as in your pending lawsuit.
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... View More
answered on Mar 4, 2023
Typically, if the child is an adult, the adult child himself/herself should have appeared as a plaintiff.
Typically, the biggest damages awarded in a wrongful death case are loss of consortium and loss of inheritance.
Loss of consortium is another way of saying the companionship and... View More
My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... View More
answered on Feb 28, 2023
It may be malpractice. 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 attorneys. Use Justia search to find an attorney.... View More
Wrongful death suit in state of mo.
Over 18 at time of marriage to biological father, therefore not adopted
Listed in stepmothers will as her children
answered on Feb 27, 2023
No. If not legally adopted they would not be considered a child.
This occurred in ARKANSAS. The only information the commission had was a description of my experience, supported by transcripts of the hearings and information I provided regarding an Independent Medical Evaluation which the judge approved for me to obtain at the second hearing. Do I have the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
As an individual, you generally have the right to free speech under the First Amendment of the United States Constitution, which applies to all states, including Arkansas. However, there may be certain limitations or exceptions to this right in certain situations.
If you filed a complaint... View More
Because they were both at fault, do I have to sue them in the same case or separate cases
answered on Feb 18, 2023
You are going to need an Illinois personal injury lawyer and nursing home negligence lawyer to handle your case. You are involved in a complicated matter.
My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power... View More
answered on Feb 13, 2023
Assuming no personal representative has been appointed for your father's estate, your mother is entitled under Indiana law to obtain the records. Below is the code cite/law that supports your mother's right to obtain the records. (Sometimes medical providers will require an affidavit or... View More
I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the... View More
answered on Feb 13, 2023
First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.
Second, with respect to your specific question the answer is that it depends. Everything should be documented in the... View More
I know the suit was filled by my Grandmother/Uncle/Aunt and Mother for the death of my Uncle that drowned in Loran Ohio, I believe the ore ship was out of Escanaba, MI.
answered on Feb 10, 2023
Go to the records department of the clerk of the court where the lawsuit was filed. You should be able to search by the case number or by the legal name of one of the parties.
so, there's a personal injury case, which just has been dismissed without prejudice and the statute timing is running out in WA state, here are the questions:
Can I as a lawyer file a new same personal injury case in same court and "start over" as long as I'm within time... View More
answered on Jan 29, 2023
If it's dismissed withOUT prejudice, you can re-file at any point before the SOL runs.
The answer to the fees and costs question is between you, the new law firm, and the client. You're generally entitled to be reimbursed for costs, but asserting a lien for your fee in a case... View More
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
More info is needed.
it is a question your lawyer could address.
when I make a settlement, I often say, "my client will accept the offer, if he receives the money in the next 10 days".
otherwise, insurance co's continue to stall and delay at every opportunity.... View More
Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... View More
answered on Jan 24, 2023
First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.
This is a really... 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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
