Wrongful Death Legal Questions

I'm sorry to hear of your loss. Whether or not the hospital was negligent in failing to supervise your brother in large part is based on what condition he was admitted for. Without looking at the medical records and getting further information about the case, it is impossible for anyone to determine whether you have a claim.... Read More

If a prosecutor brings criminal charges against the driver is conceivable that the individual would be charged with negligent manslaughter. Additionally, the estate of the motorcycle operator should bring a civil cause of action against the operator of the motor vehicle for wrongful death. The damage award relative to the case would include pain and suffering compensation and lost income. You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. 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. ... Read More

Thank you for your post, and I am very sorry to hear about the unfortunate death of your father.  You may have several ways to recover in a wrongful death action against the homeowner and the tree removal service.   Just because he was paid "under the table" does not mean that your father was not his employee under the law.  In order for me to give you the best advice, I would need to talk with you to discuss some of the details.  It's very difficult to give correct legal advice over an internet post.  Also, I would not recommend that you post any additional information on the internet, because it may be discoverable to the insurance company if you have to file a lawsuit.  I would be happy to talk with you confidentially and free of charge to answer any questions that you may have.  Because you have a limited time to seek recovery based on the statute of limitation, I would not delay speaking with an attorney.  I look forward to speaking with you.     Robert F. Goings, Attorney Goings Law Firm, LLC rgoings@goingslawfirm.com (803) 350-9230 www.goingslawfirm.com... Read More

If a lawsuit was filed within the original Statute of Limitations and then was nonsuited for any reason, it can be refiled again within six months of the date of the nonsuit.  It is not technically reopening the case, but starting a whole new case.  After that time, the claim would be expired. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Well, there are policies with exclusions for family members. If there is no coverage for the defendant, then you have to find asserts that can be used to pay judgment and have the court order a turn over of them to you. I guess you have a lawyer, and they can give you a more detailed explaination. ... Read More

You might.  Many of the mental health services are provided via contract with private companies to the State of New Jersey.  Your ability to bring a suit depends on several issues, one of the first being the time that his death occurred.  If you are going to bring litigation against the State of New Jersey, you will need to file a Tort Claim notice within 90 days of the incident.  You can find a form on line, and you should send that notice by certified mail so that you have proof it was sent. If employees were negligent, and the negligence was the result of them not being trained properly, not having sufficient staff, etc. then it might give rise to a cause of action. ... Read More

Its hard to answer the question based on the amount of information provided.  If your son was working at the time you may have a worker's compensation claim.  Howerver, if he was not an actual employee of the contractor, then you may have a wrongful death claim.  To pursue a wrongful death claim you would have to prove that the contractor was negligent and that your son was not.   I would be more than happy to discuss this with you in more detail.  Please do not hestiate to give me a call. ... Read More

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 More

You have posted your question to a forum of New Jersey Lawyers.  You can use Lawyers.com to find an attorney in Illinois that will be able to help you with this issue.  You need to look for someone who specializes in wrongful death or personal injury but they need to be in the state of Illinois, preferably near where the incident took place.   Good Luck to you.  If you cannot find a lawyer, email me again and I will help you look for one. ... Read More

I do think you should consider speaking to a malpractice attorney.  If the doctor you spoke to a Fox Chase said that she was clearly misdiagnosed, and the other doctors did not spot the cancer, then there might have been malpractice.  The only problem is whether or not a doctor at Community was the right doctor, and if that doctor referred you for other tests.  Unless I'm wrong I don't think of Community as a "cancer" hospital.  If you call my office we can discuss this, I know a very kind and compassionate attorney that does nothing but medical malpractice and it might be good for you to at least speak to him. Good luck.    ... Read More

The tolling for infancy does not apply to an action, itself premised on the death of a minor. Unless a case can be viably made that the parents were induced to not bring suit by the defendants, the answer to your question is most likely no. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

 A client has an unmitigated right to fire the attorney at any time “either for good or fancied cause,…or wantonly and without cause whatever” Kimball v. P.U.D., 64 Wn.2d 253,257 (1964). The attorney may be entitled to cost advanced and possibly fees depending on the attorney's fee agreement and whether the attorney has done a sufficient job. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

Workers compensation and personal injury/wrongful death cases can get very complex.  It is definitely not a discussion that can be answered in one email.  You are entitled to get a second opinion from another lawyer if you are not satisfied with your lawyer's performance or communication.  I would recommend doing this.  What area of Georgia did this happen in?... Read More

In certain circumstances there might be a claim. More information, however, is needed to properly answer this question. Was the house recently built? Was the house recently rewired? Who owned the house? Was the house a rental? What do you mean by "faulty wiring"? It would be in your best interest to consult with an attorney. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

First, I am very sorry for your loss. If your son's death was caused by or contributed to by the supportive living home's violation of the "restrictions", then you may have a wrongful death claim against that home.  If you don't mind sharing, I would like to know what the "restrictions" were and what the cause of your son's death was.    Thank you... Read More

You may have a cause of action for the broken hip depending on the facts and circumstances surrounding the fall. When a patient is admitted to a nursing home, a fall assessment has to be done and a care plan must be developed for the patient that takes into consideration the risk factors disclosed.  Issues addressed in the assessment include whether a patient is taking medication that raises the risk of fall, whether the patient has a history of vertigo, dizziness, syncope or seizures, whether the patient had a history of falls within the last six months, whether the patient ambulates independently without the use of an assistive device and the mental status of the patient.  Depending on how your father was classified in the initial assessment, the home could have violated its own fall protocols. (For example, if they provided footwear it should have been slop resistant). If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state), preferably, one that specializes in nursing home negligence cases. 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. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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 and here for more information about me. 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. Click here for my website.  ... Read More