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Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death, DUI / DWI and Personal Injury for Florida on
Q: As a home owner, can I be held liable if someone in my home drinks then drives intoxicated and hurts or kills someone?

I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.

Jonathan Blecher
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answered on Apr 12, 2021

Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.

2 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Florida on
Q: Can my a family member sue a pharmaceutical company over the death of a loved one?

My stepmother was prescribed xenazine, for treatment of Huntington disease. Xenazine has the known side effects of depression and suicidal thoughts. My step mom was never depressed or suicidal before taking this treatment. 4 years ago, she committed suicide at home.

Is it probable to ask... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 11, 2021

Arising from the situation you describe are potential product liability and medical malpractice claims. However, you may have a statute of limitations problem. Not sure which State you are referencing, as you are writing to Fla. attorneys on Justia, but you are writing from Birmingham, Alabama.... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Georgia on
Q: Is Faking Your Own Death a Crime? And what charges can you get?
Tim Akpinar
Tim Akpinar
answered on Apr 10, 2021

A Georgia attorney could answer best, but your post remains open for two weeks. If it's done in the context of life insurance benefits, which is the common scenario, the crime is generally insurance fraud. Outside of that or other contexts involving illegal acts (but instead done as a... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Ohio on
Q: Can I sue the assisted living facility for negligence that caused my father's death? what type of suit would it be?

My father had dementia and was allowed to leave the facility in the middle of the night in the dead of winter. He ultimately froze to death and was found the next morning because he forgot how to get back or where he was going. He walked passed security and night staff, right out the front door.

Andrew Popp
Andrew Popp
answered on Apr 7, 2021

That sounds terrible, I'm sorry for your loss.

Potentially yes. There may be a number of different causes of action viable in your case. These cases are generally very litigious. You need to sit down with a qualified attorney to review the case and discuss your options.

Best of luck.

1 Answer | Asked in Products Liability and Wrongful Death for Florida on
Q: A large amount of employees died from cancer. They all worked at a chemical plant. What type of claim would this be?

How to go about pursuing it?

Michael  Mayoral
Michael Mayoral
answered on Apr 7, 2021

This type of claim is known as a "toxic tort", which is essentially a legal claim for harm (disease) caused by exposure to a dangerous substance, such as a chemical. The claim would potentially be against the employer, the manufacturer of the product that is causing people cancer, and... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: can a witness also watch and listen to trial as it takes place

I am a child to a deceased mother, who was killed due to domestic violence,, i am almost sure I will have to testify and i would like to listen and watch the trial as it proceeds. My family is saying that’s not allowed and I’m worried.

Christine King
Christine King
answered on Apr 1, 2021

I am so sorry for your loss. I am sure this has been very difficult. Unfortunately, sequestration of witnesses is a normal practice. It is designed to illicit truthful testimony that has not been swayed by the testimony of other witnesses. Ultimately, it is up to the judge.

I hope...
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1 Answer | Asked in Wrongful Death for Connecticut on
Q: is a medical examiner supposed to contact next of kin when a person dies to ask if they want an autospy?

-My mother passed away on tuesday, and upon talking to her doctor he expressed she was in good health aside from hypertension and gallbladder issues. I was not contacted asking if i wanted a autopsy and he himself was not. she received the covid vaccine two days prior to her passing so i feel as... View More

Steven Basche
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Steven Basche
answered on Mar 26, 2021

First off, I am sorry for your loss. The loss of a parent leaves a huge whole in one's heart. The State of Connecticut requires that the Medical Examiner examine deaths due to accident, homicide, suicide, and unknown causes, specifically "sudden or unexpected deaths not caused by... View More

2 Answers | Asked in Wrongful Death for Georgia on
Q: Troup county sheriff's department went out there with me to get his stuff as long as I had my marriage license I have .

I am his wife lately we're not divorced not separated anything he was living with me he got on drugs he moved in with them he died they're on drugs too by the law is it not legally my stuff to resume from them instead of hers to sell I have receipts for most of it.

Christine King
Christine King
answered on Mar 23, 2021

Good afternoon. Could you please clarify what the issue is? Thank you in advance.

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: My father died 2018 , he was in ICU for pneumonia, they fetanyaled my father unconscious. No doctor on the floor untrai

Untrained nurse who did not know how to work the machine my father was hooked up too. And no doctor working that floor on Sunday and my father's heart stopped so they say. They had a meeting after he passed probably to figure out what to say . My mom didn't want to pursue she was too hurt... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

As you know the statute of limitations for wrongful death is two years. Chances are she won't get the medical records in time. Without looking at the medical records, it is unlikely an attorney will take the case, However for your own knowledge I suggest you call an attorney who handles such... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning?

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

To answer requires a review of the medical records. Contact a member of the Missouri Assn for Justice who handles medical carelessness cases. However at her age with a cardiac situation it may be difficult to prove that it was carelessness as opposed to her body not reacting well to surgery, as... View More

1 Answer | Asked in Wrongful Death and Personal Injury for Washington DC on
Q: I was only 3 when this happened to my dad.. I’m now 34 could I reopen this case
Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

No, but why not get a second opinion? Courts will not reopen statute of limitation cases unless there has been some very significant and unique issue. If , for instance, police actually hid evidence that might be the basis to reopen, but I doubt it. But ask some DC attorneys or attorneys from the... View More

1 Answer | Asked in Wrongful Death for North Carolina on
Q: What motion do I need to file if the judge calls out sick? When is it too late?
Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

the judge will normally reschedule. I'm not sure what your question is about, and suggest you speak with a North Carolina attorney.

1 Answer | Asked in Wrongful Death for Alabama on
Q: Can I sue for wrongful death for suicide?

My father committed suicide in early January. He was living in a shelter that focused on helping people with mental health problems and addiction, which he had. He attempted to harm himself before he passed and I believe the shelter did not follow proper procedures to prevent him from another... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

I doubt it but consult an Alabama attorney who handles nursing home questions and also contact the Alabama Civil Liberties union to ask if they have "cooperating attorneys" who handle issues regarding homelessness.

2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: What kind of attorney is best to get my elderly mom proper representation to sue hospitals for the death of father?

My mom has documented and proven facts of wrong doings to support claims that caused my fathers untimely death

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your father. You could reach out to med mal-wrongful death attorneys. A law firm that handles one of those categories would likely handle the other in most cases. Since your mom is... View More

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2 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can the not at fault driver be charged with vehicular homicide or manslaughter in a fatal crash if the investigation

Finds his brakes were faulty but did not contribute to the crash?

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2021

There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the... View More

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1 Answer | Asked in Wrongful Death for Florida on
Q: As beneficiaries, do we have tights to my mother’s portion of my stepdads mesothelioma death lawsuit if she passes?

I know we have no rights to the lawsuit but we are her beneficiaries. Her health is troubling and I just want to know if we will keep her rights to the settlement if she passes. Ideally, we want her alive but I just am concerned. Worst thing is we were so close people thought he was my birth... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 22, 2021

If I understand you correctly, your mother currently is the plaintiff in a wrongful death lawsuit arising from the death of your step-father, which has not yet settled, but you are expecting a settlement or recovery at some point in the future. I wonder why you didn't ask your question to... View More

3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... View More

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Feb 17, 2021

Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... View More

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2 Answers | Asked in Criminal Law, Domestic Violence, Personal Injury and Wrongful Death for California on
Q: Daughter died hospital claim it was Covid. Autopsy by private company revealed poisoning but police won't investigate

Because death certificate indicates Covid. What can be done. Believe foul play by partner.

David Michael Lehr
David Michael Lehr
answered on Feb 15, 2021

High a personal injury/wrongful death attorney.

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1 Answer | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for Texas on
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been

Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2021

A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning? My question is ' Is the consideration malpractice for mis diagnoses? And she unfortunately died by... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 8, 2021

I so sorry to hear about your mother. Medical malpractice cases are complicated and difficult. A full gathering of the facts and thorough review of the medical records will be necessary to asses whether you would have a strong wrongful death suit. Most attorneys in the field work on a... View More

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