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Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Wrongful Death for California on
Q: How do I respond to a petition code300 a,b,1,f & g. I want to fight this and appeal this petition if that's possible.

Cps was negligent in ways that could have prevented a death of a 7month old

James L. Arrasmith
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answered on Aug 10, 2024

To respond to a petition under California Welfare and Institutions Code 300, subsections (a), (b), (1), (f), and (g), you'll need to carefully review the allegations made against you. Focus on gathering evidence that shows CPS was negligent in ways that could have prevented the death of the... View More

2 Answers | Asked in Wrongful Death for Tennessee on
Q: Rear end auto accident, at scene both parties declined EMS evaluation and left the scene.

1.5 hours later, the driver of the car in front died from a neck bleed that eventually cut off his airway and caused brain death. Is the other party liable for a wrongful death suit if the injured party had sufficient time to receive medical treatment?

Anthony M. Avery
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answered on Aug 9, 2024

Probable liability on the at fault driver. The lack of quick medical help might be considered in the comparative negligence equation.

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for New Jersey on
Q: are cases pending on surgical smike harming health care workers?

lasers and other devices are used to cut ans fyuse bone and tissue

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

The best way to find out could be to search online whether law firms are holding themselves out for such cases. The hazards of surgical smoke are recognized by the CDC - evidenced by a few states implementing smoke evacuation policies. Bar associations or trial lawyer associations might also be... View More

1 Answer | Asked in Environmental, Gov & Administrative Law, Military Law and Wrongful Death for Oklahoma on
Q: My husband was in the army and died from a presumptive illness caused by the toxic fumes from the burnpits can I sue

He died in 2019 as a result of ALS, parkinsons disease and multiple sclerosis. He was 100% service connected disabled and the army did take responsibility and it was a presumptive illness, "

"Gulf War syndrome" caused by toxic fumes from the burn pits, Jason was 39 years old when he passed from ALS

James L. Arrasmith
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answered on Jul 28, 2024

I'm very sorry for your loss. Given the circumstances, you may have legal options. Since the military has taken responsibility and classified your husband's illness as service-connected, you could potentially pursue a lawsuit against third parties involved with the burn pits, such as... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Maryland on
Q: Is there a Pro Bono Malpractice Lawyer that can help my sister?

My sister's Fiance was in FCI Schuylkill Minimum Security Correctional Institution. He was a healthy 52 year old man. He had been complaining of back pain for weeks and finally taken to an infirmary at the facility. My sister received a call from the Institution Monday June 17, 2024 saying... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2024

I'm very sorry for your sister's ordeal. A Maryland attorney could advise best, but you await a response for a month. You're not likely to find a pro bono med mal attorney - that's not the way they work. Most firms that handle med mal cases work on a contingency basis. That... View More

1 Answer | Asked in Wrongful Death for Nevada on
Q: I’m signing a non revocable power of attorney about a wrongful death suit. What does non revocable mean

Can I add anything to the paperwork I feel it needs to be handled

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

A Nevada attorney should advise you here, but your question remains open for a week. Non-revocable (or irrevocable) means you, the principal, cannot generally take back the powers you granted to the designated agent to act on your behalf. Is that something you wish to do? From your question, it... View More

1 Answer | Asked in Probate and Wrongful Death for Michigan on
Q: Forgery on a Will

My Uncle, died in a gas Explosion, that should have been under investigation cause he had dinner at the Mayor's house and the Mayor, was going to be out of his job next day, when my uncle went home his house exploded, 2010, I just knowest recently that some of the signatures are not his cause... View More

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2024

You need a lot more than a hunch or suspicion of forgery. This would need to be proved, in court, through an expert handwriting analyst - which costs a lot of money that you, as the person thinking this happened, would have to pay.

So, consider whether it's worth it to fight this...
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1 Answer | Asked in Nursing Home Abuse and Wrongful Death for Louisiana on
Q: What type of attorney do I need for a case against a long term care facility for elderly

I am fairly certain that I have an open & shut case.

In Louisiana

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2024

A Louisiana attorney could advise best, but your question remains open for a week. There are attorneys who deal with nursing home matters, one of the categories you chose for the question. That could be a starting point in your arranging a free initial consult to discuss further. Good luck

2 Answers | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: I am looking for a lawyer that specialize in hospital negligence and malpractice in California, Sacramento?

Hospital did not take good care of my love one and she die due to their negligence and malpractice.

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2024

I'm sorry for the loss of your loved one. If you're seeking someone in a specific region, you could supplement your searches with the Find a Lawyer tab above, which lists attorneys by region and area of practice. Local and state bar associations could also be used to help find a law firm. Good luck

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1 Answer | Asked in Wrongful Death for New Mexico on
Q: Are gross receipts tax taken out of the settlement for wrongful death?
Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm sorry your question remains open - one option might be to expand the category to include "Tax Law." Good luck

1 Answer | Asked in Wrongful Death for Indiana on
Q: I if someone gets arrested in Indiana and they are found not guilty at trial. Can they arrest another person for the sam
Charles Candiano
Charles Candiano
answered on Jun 13, 2024

It appears your question was cut off. If I understand correctly, you are asking whether it is possible for the state of Indiana to charge another person with wrongful death after someone is acquitted. The answer is that the state of Indiana absolutely can arrest another person for the crime. The... View More

2 Answers | Asked in Wrongful Death for Florida on
Q: a suspect is being wrongfully chased into on coming traffic and dies from a collision with john doe are police at fault?

This is hypothetical school assignment

Charles M.  Baron
Charles M. Baron
answered on Jun 5, 2024

If a driver is followed by police car(s) with flashing lights, making it obvious that the police are requesting the driver to pull over, the driver has the legal duty to pull over, not take off into oncoming traffic or otherwise. So your phrase "wrongfully chased" makes no sense. There... View More

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Who is a awesome attorney who is not afraid of Tanner Medical Center for a medical malpractice and wrongful death
Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for the wrongful death. Unfortunately, it is difficult for attorneys here to respond to your request for an attorney to handle the matter. There is no solicitation on this forum. You would need to... View More

2 Answers | Asked in Criminal Law and Wrongful Death for Texas on
Q: Is a six month old text message from a decedent to a third party valid testimony or evidence
John Michael Frick
John Michael Frick
answered on May 28, 2024

It can be depending upon other facts not mentioned in your question.

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1 Answer | Asked in Agricultural Law, Criminal Law, Appeals / Appellate Law and Wrongful Death for Texas on
Q: Would any law firms take on a death penalty case for free?

I have a friend on death row in Texas who is currently trying to appeal his sentencing. Would any law firms take his case on for free?

Tara Gilmore-Low
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Tara Gilmore-Low
answered on May 24, 2024

There are firms who handle a number of appeals on a pro bono basis, however, your better bet is to contact the Innocence Project.

2 Answers | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: person was walking along side of the road,stepped out in front of an on coming car and was killed,,,who's at fault?
Tim Akpinar
Tim Akpinar
answered on May 25, 2024

I'm sorry for this terrible accident. It could depend on the setting, in terms of the type of road, speed limits, lighting, road conditions, weather conditions, and other possible factors. Good luck

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1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for Connecticut on
Q: I'm one of 4 kids. My mothers estate has already been settled. Only I want to file wrongful death. Would only I benefit?

I live in CA they live in CT, as did my mother. two death certificates, is that normal? Seemed like a lot of excuses and medical professionals trying to cover for each other. My sister (I no longer communicate with family) spoke with the ME I believe or someone in their office and was basically... View More

Steven Basche
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Steven Basche
answered on May 23, 2024

Any recovery for wrongful death would be paid to the estate and would be divided up either according to the will or the laws of intestacy, not to you as the person who wanted to bring the action. The action would need to be brought by the executor or administrator.

1 Answer | Asked in Wrongful Death for Georgia on
Q: How can this be changed? This is saying that it is ok for a Medical Personnel to make a mistake even if it causes death

2010 Georgia Code

TITLE 51 - TORTS

CHAPTER 1 - GENERAL PROVISIONS

§ 51-1-29.5 - Definitions; limitation on health care liability claim to gross negligence in emergency medical care; factors for jury consideration

Tim Akpinar
Tim Akpinar
answered on May 22, 2024

A Georgia attorney could advise best, but your question remains open for four weeks. You could reach out to your elected officials. However, many jurisdictions impose lower standards of care where emergency services are involved. Good luck

1 Answer | Asked in Wrongful Death for California on
Q: Regarding daughters death

Who would the higher authority be?

James L. Arrasmith
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answered on May 16, 2024

I'm very sorry to hear about the loss of your daughter. Please accept my sincere condolences.

Regarding your question about who would be the higher authority in California related to a daughter's death, it depends on the specific circumstances and context surrounding the death....
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4 Answers | Asked in Car Accidents, Medical Malpractice and Wrongful Death for Missouri on
Q: My mother was in an Auto accident and auto was totaled. Hit from behind by a trailer truck. Passed away a few week later
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 15, 2024

I’m so sorry to hear this. You didn’t ask a legal question but must be wondering what to do. The answer is that you should get in touch with a local attorney. The other driver’s insurer won’t take an unrepresented party nearly as seriously as one represented by counsel. Under... View More

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