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Wrongful Death Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Legal Malpractice and Wrongful Death for Florida on
Q: Can I sue my lawyer for misrepresentation in Florida?

I retained a lawyer on 2/12/2021 with a retainage package that included federal appeals. However, my case was remanded to the state, and my lawyer claimed they do not handle federal appeals, leading to a loss in the federal case. There was a lack of updates regarding state and malpractice cases... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

Your inquiry is about a complex situation that is not possible to be definitively answered in an online forum. It sounds like your case was in Federal Court, which remanded it to State Court for the case to proceed there. Such remands could be either for technical reasons that don't interfere... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Can I pursue wrongful death and malpractice for antibiotic poisoning in CA?

I am considering pursuing a wrongful death and malpractice case after the passing of my mother, Margaret Lu, in November 2024. She was admitted to the emergency room and then the hospital, where she was wrongfully administered antibiotics, leading to antibiotic poisoning and severe complications.... View More

William John Light
William John Light
answered on Feb 21, 2025

Yes, you can sue. Contact some medical malpractice attorneys to discuss your potential claims. These case require expert testimony that the antibiotic was improper, or negligently administered, and that the antibiotics took your mother's life. Medical malpractice cases are among the hardest... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

I'm sorry to hear about the loss of your son. Any time there is a death or serious bodily injury, you need to be represented by an attorney. Determining fault is key to your wrongful death claim. Your son could bear responsibility if he drove negligently. The friend might be liable for letting... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 20, 2025

Well, I’m sorry to hear about the passing of your loved one and I extend my deepest condolences.

So from your facts, it’s ambiguous as to whether there was another car involved in this accident. The central question in this case is who caused the accident? If there was another vehicle...
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1 Answer | Asked in Energy, Oil and Gas, Personal Injury and Wrongful Death for Virginia on
Q: How can I prove a coal company and gas companys actions caused cancer in people like myself and other illnesses

In other people as well I need some help

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2025

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry for the health impact this has had on you and others in your surrounding community. If you wanted to conduct some preliminary fact-finding, you could research news sources and also check with... View More

4 Answers | Asked in Car Accidents, Insurance Bad Faith and Wrongful Death for California on
Q: Handling wrongful death claim deductions from insurance settlements

I am handling a wrongful death claim after an auto accident involving my parents. Initially, their insurer labeled a deduction as a subrogation fee, then later as an underinsured claim. This was applied to settlements from the other insurance several times, totaling four deductions. I let go of my... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 14, 2025

I understand your concern regarding the deductions, especially since the insurer is citing a law that mandates these deductions. To address this issue properly, I recommend speaking directly with an attorney who specializes in insurance law or wrongful death claims. They will be able to review the... View More

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7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Scott D. Cohen
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Scott D. Cohen
answered on Feb 13, 2025

While not required, it's strongly advisable to hire a lawyer in this situation. I am happy to discuss this matter with you further, in private, if you wish to contact me on the phone. It's probably best not to discuss your case further in a public forum while the case is pending... View More

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7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 13, 2025

Yes, you should retain an attorney right away. Mediation in a hit-and-run case involving the death of your son is a serious legal matter, and the driver's insurance company will likely have legal representation to protect their interests. An attorney can advocate for you, ensure you receive... View More

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7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 14, 2025

You don't have to but you really should. Most personal injury attorneys will take your case on a contingency basis, meaning you don't pay them anything and they only get paid if they win. The insurance companies don't want you to get an attorney because they do much better going... View More

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7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Steve A. Buchwalter
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Steve A. Buchwalter pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

It sounds like you have a very serious and potential high value case. You don't know the worth of the case, including how any defenses may effect that worth. You don't know what you don't know. The short answer is yes, you can go without an attorney. The question you should be... View More

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2 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Do I have a case against the hospital for negligence/ wrongful death?

My wife was taken to the hospital in an ambulance with severe breathing distress from a viral infection in both lungs and upon arriving at the hospital was not evaluated and assessed and put in the waiting room . After not being seen for at least 45 mins to an hour she called me crying and was... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 13, 2025

This is a medical malpractice question with intervening factors and assumption of the risk issues. Contact a few malpractice attorneys for a free consultation. Please note that many experienced med-mal attorneys may not even look at your case because it involves death. California voters have voted... View More

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2 Answers | Asked in Wrongful Death for California on
Q: If my settlement is for wrongful death can they take the amount from the at fault driver I received?

They said it’s because he was underinsured. What makes him underinsured? The claim is not for underinsured claim. I had to let my lawyer go because she was not fighting for my best interest and pressured me to sign when I didn’t feel comfortable about it and now I have a settlement from my... View More

William John Light
William John Light
answered on Feb 13, 2025

If your parents are deceased, and you are making a claim for their insurance, it’s an underinsured motorist claim. Ask the insurance adjuster with whom you are dealing so you can confirm. You shouldn’t be doing this by yourself. First, you are acting as an attorney for your sister. That’s... View More

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2 Answers | Asked in Insurance Defense and Wrongful Death for California on
Q: Can a different insurance company take the amount I received from the at failt drivers ins. Out of the settlement

My parents died in an accident we were in abs their insurance wants to take the settlement amount I received from the at fault driver out of their settlement they are saying the driver was underinsured that’s why. It is for a wrongful death settlement they said it’s the law they have to take... View More

William John Light
William John Light
answered on Feb 11, 2025

If you have a wrongful death case, and you don't have an attorney, you are being foolish. If you have an attorney, ask him this question. If you are making a claim against your parents underinsured motorist coverage, then yes, amounts paid by the at fault driver's insurance are... View More

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2 Answers | Asked in Civil Litigation, Personal Injury, Wrongful Death and Municipal Law for New York on
Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?

Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 23, 2025

Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the... View More

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2 Answers | Asked in Civil Litigation, Personal Injury, Wrongful Death and Municipal Law for New York on
Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?

Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More

Stephen Bilkis
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Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2025

I'm sorry to hear about the concerns regarding liability for your upcoming reunion. When organizing an event where alcohol is served, liability is an important factor to consider, and ensuring that all parties are adequately protected can help prevent potential legal and financial risks.... View More

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1 Answer | Asked in Wrongful Death and Health Care Law for Washington on
Q: If a building was demolished in 2017 asbestos was found 4 people that worked there have died from cancer, what can I do?

Believe asbestos & other hazards found in demolished school has caused multiple cancer related deaths of individuals that worked at this school and unknowingly affecting other staff and students who attended. Needing help to figure out where to go with these concerns so the people/ school... View More

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

Although seven - eight years have passed since the absestos affected the people, there may still be a possibility of a lawsuit if the connection to the events in 2017 with the cancer was only recently discovered.

Because the defendant will be a public entity (school) and perhaps one or more...
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2 Answers | Asked in Wrongful Death for New York on
Q: My brother committed suicide. His ex-girlfriend was home with him, she may have provoked or encouraged him.

It was reported that she told someone that she told him to end his life, berated him or harassed him. He lived with her, their relationship was over, they jointly had purchased the home. At the time they were trying to figure out how to how to get out of their living arrangement. Immediately after... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 3, 2025

I'm so sorry for your loss. Although intentionally causing or aiding someone to commit suicide is a crime in New York, absent an underlying legal duty (such as one owed by a psychiatrist, psychologist, etc.), it likely does not give rise to a cause of action for wrongful death.

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2 Answers | Asked in Wrongful Death for New York on
Q: My brother committed suicide. His ex-girlfriend was home with him, she may have provoked or encouraged him.

It was reported that she told someone that she told him to end his life, berated him or harassed him. He lived with her, their relationship was over, they jointly had purchased the home. At the time they were trying to figure out how to how to get out of their living arrangement. Immediately after... View More

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2025

I'm very sorry for the loss of your brother. As my colleague states, promoting a suicide could be treated as a crime (a felony in New York). In terms of a wrongful death action, it sounds like it would be a difficult case. You could reach out to attorneys to try to set up a free initial... View More

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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Joel Gary Selik
Joel Gary Selik
answered on Dec 31, 2024

Possibly. 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 malpractice attorneys in the state where this occurred.

Use the JUSTIA...
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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Scott Martin Hendler
Scott Martin Hendler
answered on Dec 31, 2024

A doctor can be liable for something like this but it depends on why the stroke occurred and when it happened. There is not enough information in your inquiry for me to give you a more definitive answer. If the doctor breached the standard of care during the operation or afterwards during her post... View More

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