California Wrongful Death Legal Questions

Sorry to hear about your loss. My condolences. Yes, even if the wrongful death case is not related to the pain and suffering case, a lawyer can represent you as the surviving beneficiary of the decedent and bring an action against the party responsible for the wrongful death of your husband.... Read Answer

Yes immediate family members can sue a cemetery for emotional distress based on the negligent handling of their loved ones remains. You should take immediate steps to retain a lawyer in California on contingency fee so that you can file a claim against the cemetery. Are you 100% certain that your mom was moved to a different plot? I have done many of these cases and I know an attorney in California that can represent you.     ... Read Answer

Yes you may be able to file suit against him. If he owns a home, there is a chance that there will be a source of recovery based Upon the facts and circumstances of the case. You should retain counsel in California for representation on contingency fee, which means you don't pay anything unless you win.... Read Answer

You need to begin the litigation for wrongful death and get an order for exhumation through the litigation.  Before you get this you will have to provide adequate medical records to lead to the conclusion that there is a reasonable possibility that ehuming the body will lead to discoverable evidence.   ... Read Answer

The charges you face are serious.  There are many factors that must be proven before you can be held responsible.  A good defense attorney will find the elements of the crime in which the prosecution must prove.  Then the defense should show that the circumstances of this case do not sufficiently prove each and every required element.  Most likely a lawyer will charge you around $25,000 or more depending on the complexity of the case.  If you would like to contact me I can provide you with a better estimate. If you are in Marin County I can help you.  I invite you to contact me? dadalaw@comcast.net... Read Answer

It sounds like you have a malpractice case that should be investigated. If the ER actually provided the amphetamines, the doctors were obviously negligent. If your mother accidentally over-dosed you would still expect the ER physicians to be able to determine that she had an elevated heart rate, etc.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

A District Attorney is under tremendous pressure to balance the dictates of administering the enforcement of justice in his county, respecting the rights of criminal suspects, and helping victims and families of victims answer the questions that criminal acts raise and dealing with the aftermath of these acts. No DA will  In keeping with his duties to the justice system the DA must determine whether or not he has sufficient evidence to prove that a crime has been committed and that the defendant committed that crime. If he does not have that evidence, he is supposed to refuse to charge the defendant. It is the easiest choice for a DA to charge a suspect with a crime if he has anything close to sufficient evidence. It is braver to stand for the dictates of justice and the rights of the defendant and admit that there is not sufficient evidence, yet, to charge a suspect. The DA's first decision on a case is not necessarily a final determination. Other evidence might be found which will change that decision and result in charges and a trial. I have no way of knowing at what level of the DA's office the current decision has been made. Ask to speak to the supervisor of the office. Work your way up the ladder. But be sure to know what decision has actually been made and why that decision was made. Deal in facts, not just emotion: you may find a receptive audience. I hope you get the answers for your questions. Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.    ... Read Answer

The obligation to repay Medicare is the beneficiary/plaintiff's obligation. Medicare has a lien against all recoveries that a beneficiary has obtained where Medicare has made "conditional payments" for the medical bills incurred for treatment needed for the injuries suffered in the incident. So, yes, it sounds to me that Medicare's lien touches the recoveries received from all defendants in your case,  What gets disbursed depends on the terms of the settlement agreements and the law. At a minimum your attorney would need to hold back enough money to pay the Medicare lien until Medicare presents a Final Demand Letter, and then pays that net demand. Speak to your attorney about what he must hold back and what can be disbursed. Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123 ... Read Answer

Unless you are the only person whose money is in the trust account, the firm's allowing you to view bank records would be an invasion of privacy of the other clients' whose money is in the account. That isn't going to happen.  Ask your attorney for an accounting for the money that has been received on your case. You'll have to trust that he reports this information accurately to you. If you have a specific suspicion, be direct and ask that he explain or resolve that suspicion. If he will not provide you any information, or the information does not resolve your reasonable and legitimate concerns, contact the California State Bar about your concerns. BRIAN CHASE BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.    ... Read Answer

Under California law (Code of Civil Procedure section 377.60, et seq.) certain people would have standing to sue for your father's wrongful death. Since the claim is the property of each of those claimants, all of the claimants would need to be involved in the lawsuit. However, the Executor of your dad's estate can prosecute the case on behalf of the statutory claimants (the claim is not an asset of the estate). While you might be able to do the claim, you may not have a claim that is worth the effort. You need to have an experienced medical malpractice attorney help you evaluate whether  you have a good chance of recovering enough compensator to make the litigation economically feasible. Just because you had an unfortunate outcome from your dad's surgery doesn't mean that his care was negligent and caused his death. Good luck in your search for these answers. Brian Chase, BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123     ... Read Answer