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3 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: Hi my cousin fell in her garage on Xmas eve after coming from my houseShe fell hard and bumped her head

She went to her doctor in the next couple days and he told her she was fine no testing or anything

A week or so later she started getting bad headaches so she went to emergency Mercy San Jan they checked her out and found multiple fractions in her spine and up to her neck and sent her to a... View More

James L. Arrasmith
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answered on Jun 12, 2024

I'm so very sorry for your loss. It sounds like your cousin went through a truly terrible ordeal after her fall on Christmas Eve. Suffering multiple fractures, infections, and pain like that is just awful.

Based on the details you provided, it seems there may be grounds for a medical...
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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

James L. Arrasmith
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answered on Jun 12, 2024

I'm so sorry to hear about your husband's passing. Losing a loved one is always difficult, and it's understandable to have questions about the medical care they received.

In California, to determine if you potentially have a medical malpractice case, several key factors need...
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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who... View More

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1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I want to file a case for medical negligence in Santa Clara California. Which documents should I use?
James L. Arrasmith
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answered on Jun 3, 2024

To file a medical malpractice lawsuit in Santa Clara, California, you will need to prepare and submit the following key documents:

1. Complaint: This is the initial document that starts the lawsuit, outlining the facts of your case, the parties involved, and the legal basis for your claim....
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1 Answer | Asked in Employment Law and Wrongful Death for Oklahoma on
Q: my partner died , was at work had asthma attack they neglected to call an ambulance do i have a case
Tim Akpinar
Tim Akpinar
answered on May 31, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. I'm very sorry for your loss. You could reach out to attorneys to try to arrange a free initial consult. It might be worth acting without delay. If you do find a law firm that is interested in the matter, they... View More

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

William John Light
William John Light
answered on May 23, 2024

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

James L. Arrasmith
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answered on May 23, 2024

I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:

1. Check local leash laws and...
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1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
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answered on May 13, 2024

I'm very sorry for your loss and the difficult situation you're facing. Under California law, the determination of the time of death can be complex and may involve several factors, including the findings of the autopsy, the scene investigation, and other medical and scientific analyses.... View More

1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
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answered on May 13, 2024

I'm deeply sorry for your loss. In California, determining the time of death is typically within the responsibilities of the coroner or medical examiner, especially when an autopsy is conducted. Ethylene glycol poisoning can be fatal, and the presence of this substance in your daughter's... View More

1 Answer | Asked in Wrongful Death and Civil Rights for New Jersey on
Q: How long does it take to receive settlement? How do I know if my lawyer was paid and I was not?

Had mediation in Jan and agreed to settlement. I have not heard from my lawyer since unless I reach out to them. I asked for feedback to where we stood with receiving payment since I had not signed one document. He then sent me documents to sign and still no feedback or payment. Seems odd that... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

It's difficult to say what might be causing delays without see your file. But a common reason for delays in getting paid in a case is liens, usually medical liens. This could involve a medical office that wants to be reimbursed for services provided in the past without charging for them at the... View More

1 Answer | Asked in Wrongful Death for South Carolina on
Q: When suing DSS in sc for wrongful death and negligence what is the most you can get?
Tim Akpinar
Tim Akpinar
answered on May 3, 2024

A South Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry for your wrongful death situation. A local attorney should advise as to the matter of any statutory caps, but in general, the case value would depend on the facts, and the ability to prove... View More

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Colorado on
Q: In Colorado, can a nurse stop life support on patient w/o family's consent legally?

The patient never made a will, nor had a POA. Her immediate family was involved throughout.

Stephen Johnston
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answered on Apr 29, 2024

Based on the information available, it appears that a nurse in Colorado cannot legally stop life support on a patient without the family's consent. The Colorado End-of-Life Options Act provides a path for terminally ill patients to receive aid-in-dying medication from their physicians, but it... View More

2 Answers | Asked in Wrongful Death for California on
Q: How do lawyers go about demands in wrongful death cases?

I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance... View More

William John Light
William John Light
answered on Apr 25, 2024

These questions should be answered by your attorney, who is paid for this information. However:

1. Insurance companies don't drop the ball and let their insureds fend for themselves. If that happened, it would be the best possible result for you because some serious consequences for...
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2 Answers | Asked in Wrongful Death for California on
Q: How do lawyers go about demands in wrongful death cases?

I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance... View More

James L. Arrasmith
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answered on Apr 25, 2024

In a wrongful death case in California, the process typically involves the following steps:

1. Your lawyer will send a demand letter to the defendant's insurance company, outlining the facts of the case, the damages suffered, and the compensation sought.

2. The insurance...
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1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Wrongful Death for Massachusetts on
Q: Can a landlord be held liable for injuries in a tenants leased space that they have full control of?

Id like to know if a commercial landlord can be held liable for any personal injuries suffered by any persons within the confines of the tenants leased space that a tenant has full control of, when the tenant agrees per lease agreement they are solely responsible to perform ALL upkeep, repairs and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In general, a commercial landlord's liability for injuries that occur within a tenant's leased space is limited when the tenant has full control over the space and has agreed to maintain it. However, there are some exceptions and nuances to consider:

1. Lease agreement: If the...
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2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

Anthony Matthews
Anthony Matthews
answered on Apr 15, 2024

In a Georgia Wrongful Death case, the surviving children have the right to share the recovery with the surviving spouse. However, under Georgia law, the surviving spouse cannot receive less than one-third of the wrongful death damages (with limited exceptions). In the scenario you have described (a... View More

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