Get free answers to your Wrongful Death legal questions from lawyers in your area.
Your current state is Ohio
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.
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.
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
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
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
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.
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.
How to go about pursuing it?
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
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.
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... View More
-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
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
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.
answered on Mar 23, 2021
Good afternoon. Could you please clarify what the issue is? Thank you in advance.
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
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
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?
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
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
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.
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
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.
My mom has documented and proven facts of wrong doings to support claims that caused my fathers untimely death
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
Finds his brakes were faulty but did not contribute to the crash?
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
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
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
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
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
Because death certificate indicates Covid. What can be done. Believe foul play by partner.
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
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
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
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
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.