Wrongful Death Legal Questions

John Bisnar Based upon what you have shared in your question, I don’t see a case to hold your brother’s ex-fiancé criminally or civil liable for your brother committing suicide.  There just isn’t enough connection between the lie to the police the restraining order and your brother’s act. It is hard to know what causes someone to take their own life. My deepest condolences to you, your family and your brother’s friends. John Bisnar Bisnar|Chase, Wrongful Death Attorneys California Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123... Read More

You have not presented me with enough information to make a determination whether a crime has been committed or not, but depending on where this occurred and what type of influence was placed on the friend who died, there could be civil liability.  This sounds like a stupid bet that ended in a horrible tragedy.  Kids need to understand the dangers of huffing or otherwise ingesting harmful household chemicals.  I am saddened for this family.  ... Read More

These are difficult cases, but they are prosecuted. Based on your description, since there appear to have been allot of warning signs, you might have a case.  You should consult with a local medical malpractice attorney who can investigate the case for you. Most medical malpractice cases are taken on a contingency basis and attorneys provide free initial consultations.  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. 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 More

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 More

Internal reviews conducted by the institution itself are self-serving. You should contact a nursing home negligence attorney in Ohio, who would be familiar with litigating cases involving inadequate monitoring of feeding. 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 Skype: john_ratkowitz Web: www.starrgern.com... Read More

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 More

JOHN BISNAR  First, on behalf of all the personal injury attorneys across this great country of ours who are doing their best for their clients every day, let me apologize to you and your family for the apparent failure of your attorney to handle your family's matter promptly and properly. In my opinion there can be no acceptable excuse for not telling your family the truth about the statues of the Medicare issue or waiting so long to provide Medicare the required information.  It does take months for Medicare to respond once the required information is provided to them.  However, at this point it isn't a Medicare issue.  At best it appears to be a negligence issue on behalf of your attorney.  It could be worse. My suggestion is that you first contact the State Bar of Georgia and file a complaint against your attorney.  The State Bar polices attorneys.  It is likely to do an investigation and discipline the attorney if there is wrongdoing.  You can find the State Bar at http://www.gabar.org/contact_the_bar/. Next, I suggest that you consult with a local highly respected personal injury law firm regarding them taking over your case.  If another law firm takes over your case, your former attorney may have to forfeit all or part of the fee he charged you (because he didn't complete the work).  Your new law firm can then get the appropriate paper work to Medicare and get your case wrapped up. An alternative would be to tell your present attorney you are going to take this matter to another attorney if he doesn't release all remaining funds and file the Medicare documents immediately.  And if Medicare wants reimbursement, he is to pay it out of his pocket as a penalty for not properly and promptly handling your case. Good luck to you.  And again, my apology for what you and your family have been through. John Bisnar Bisnar|Chase, Personal Injury Attorneys Trusted Professionals, Proven Results www.Orange-County-Lawyers.com 800-956-0123  ... Read More

Sounds like negligence to me.  You need an attorney with a wealth of experience in nursing home wrongful death cases in Washington State.  In the upper left hand corner of this page is a button "Find a Lawyer" you can start your search there or Google "nursing home abuse lawyer Seattle" and search there as well.  There are some very good personal injury attorneys in Seattle who handle nursing home negligence cases. Good luck. John Bisnar Bisnar|Chase, Personal Injury Attorneys Trusted Professionals, Proven Results www.BestAttorney.com 800-956-0123... Read More

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 More

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 More

Are you asking about a lawyer or a medical professional?  Typically, law firms who handle wrongful death claims involving medical records either have someone on staff to review and interpret the records, or the attorneys do an initial review themselves and then, if appropriate, consult with experts to provide further insight and information relating to the records.  If you have a wrongful death claim (or believe that you do), you should contact an attorney who handles these types of claims.  Almost all attorneys will offer a free initial consultation, and will be able to provide additional insight and guidance after a brief consultation.  Good luck going forward.  -Jay Mills... Read More

I'm sorry to tell you that the answer to your question is complicated and some of the possibilities require information you haven't provided.  I can, however, provide some general information.  The owner of a car is not usually liable for the negligence of a driver.  There are some exceptions:  if you gave the car to someone you knew to impaired or a habitually dangerous driver (this is called negligent entrustment) or if the driver was on an errand for the owner or for the household when the accident occurred, the owner might be responsible.  Even if this is one of those exceptional situations where the owner is responsible for the driver's negligence, actually collecting a judgment against an individual over and above the amount of insurance is extraordinarily hard.  Bankruptcy will wash out such a judgment, and this is the route that most defendants in this position take.  At the end of the day, it is very, very rare for an auto case to result in a payment by a defendant him or herself (as opposed to his or her insurer).  I hope this helps.... Read More

In California, there may be many wrongful death claimants (see California Code of Civil Procedure section 377.60) but there is only one wrongful death recovery against the person responsible for the death. That recovery is then divided among the claimants. Both defendants and plaintiffs have an economic interest in making sure that all wrongful death claimants are involved in a settlement. A defendant can be liable for only one wrongful death recovery for all claimants, unless he knows the identity of a claimant but does not obtain a release of that claimant's claims. There is case law which indicates that any wrongful death claimant who knows the identify of another claimant but does not include that person in the recovery might make himself responsible to that non-involved claimant for the damages that he would have received had he been involved in the case. Therefore, just as my firm always does when we prosecute one of our many wrongful death claims, claimants make every effort to identify and involve every wrongful death claimant in the lawsuit. You have been named as a "nominal defendant" in the lawsuit to make sure that your interests are adjudicated in the lawsuit. You can be a plaintiff only if you choose to be one. However, you can be added as a defendant and brought into the case whether you choose to or not. Think about whether you want to make a wrongful death claim. If you do not, and you are sure you do not, talk to the attorney for the plaintiffs and make arrangements by which you can waive or release any claim you might be able to make in the case. Then you can be dismissed and everyone is protected against the possibility that you might change your mind in the future.  Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.    ... Read More

Filing a wrongful death lawsuit against anyone is a challenging matter to do it correctly and effectively.  To file a wrongful death lawsuit against a governmental agency is even more challenging. Keep in mind that in California, any type of personal injury claim (this includes a wrongful death claim) against a governmental agency requires a special notice before filing a lawsuit and this notice must be properly filed within 180 days of the injury (in most cases).  Failure to properly and timely file a "governmental claim" will most likely terminate all rights.  See:  California Government Code Section 911.2. This is a job for a personal injury law firm experienced in governmental claims involving a wrongful death.  This isn't something to take on without a good deal of legal knowledge. The best course of action is to consult with a personal injury law firm highly experienced in governmental, wrongful death claims.  Most every law firm that has a successful track record of handling governmental, wrongful death claims will provide you a free consultation.  Please get yourself a consultation with a really experienced personal injury law firm. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys www.BestAttorney.com, 800-956-0123... Read More

The answer to your question is, "Yes."  In fact, my partner recently settled a very similar case in Indiana.  In our case the jail where the man was incarcerated knew that he was a suicide risk, yet failed to keep an appropriate watch out over him to prevent him from killing himself.  I do not practice law in Wisconsin, but I would imagine that you have similar notice requirements that must be adhered to when suing a governmental entity.  I would recommend that you consult with an experienced personal injury attorney in your jurisdiction to discuss the merits of your case. Should you have any specific questions, or want to speak to an Indianapolis Personal Injury lawyer, please do not hesitate to contact me.... Read More

You need a consultation with a personal injury law firm that handles cases against governmental agencies and/or police departments.  And you need it now. Look in the upper left hand corner of this page and follow the instructions for "Find A Lawyer" and do it now. In California, in order to sue a governmental agency (like a police department or police officer) you must properly file a governmental claim within 180 days.  Failure to do so can terminate all rights. With the little information provided, I can not advise you as to your family's chance of a successful claim against the police.  You need a more thorough investigation an analysis.  The best personal injury law firms will provide you a free consultation.  Get one quick. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys www.BestAttorney.com, 800-956-0123... Read More

I do not practice in the State of Missouri, but I think the answer to your question would be the same in any state, and it has to do with the legal bond that is formed as the result of a marriage.  When two people marry they become a single legal entity.  When one spouse dies intestate (without a Will), the surviving spouse is entitled to all of the deceased spouse's assets.  Depending on the type of assets and how they were held, sometimes an estate needs to be opened to transfer the ownership of that asset to the surviving spouse.  In the case of a wrongful death lawsuit, an estate needs to be opened to allow the personal representative to sue in the name of the estate.  Unless your husband was a named beneficiary in your brother-in-law's Last Will and Testament, then he would not have a claim to any portion of his brother's estate. ... Read More

Yes.  Pets are property in the eyes of the law.  Stealing a pet is just like stealing any other type of property.  People have been hanged for stealing horses (at least that's what I have seen in movies).  The rules/laws are basically the same. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys http://www.BestAttorney.com 800-956-0123... Read More

I condolences for the loss of your veteran brother in 2007. In the past, I have seen the use of murder having no statute of limitations such that the traditional statutory limitations for wrongful death do not apply. The argument was always of last resort and absolutely no guarantee can be made that a judge would find that the statute of limitations had not run. I would contact a lawyer in your area to examine the case law to see whether this argument has been made in Connecticut. Please realize nothing should be construed as legal advice and the statute of limitations may well have already been exhausted. I wish you the best of luck.... Read More

I want to first express my condolences to your family for the loss of your mother. Based on information in your question, you should gather your mother's medical records and consult a Georgia attorney to review the records. Claims of this nature are very facts sensitive. The statute of limitations is 2 years from the date of death.Please realize this answer is limited to the information provided and you should not take this advice as creating an attorney-client relationship.... Read More

In most situations, in California, you have two years from the date of the initial injury that caused the death to file a lawsuit.  There are a few exceptions, especially in cases of a minor claimant. However, in cases where the alleged wrongdoer is a governmental agency, before filing a lawsuit, a formal governmental claim must be filed and denied.  The governmental claim must be filed within 180 days of the initial injury (there are a few exceptions).  The lawsuit must be filed after a denial of the claim but within 180 days of the denial. Get yourself a consultation with a law firm that is very experienced in governmental personal injury claims to be sure that there isn't some way to get around the timing requirements outlined above.  The best personal injury law firms will usually provide a free consultation to injured victims and the family of deceased person. John Bisnar, Bisnar|Chase Personal Injury Attorneys.  http://www.BestAttorney.com.  800-956-0123... Read More

In most cases, you will need an attorney to file a lawsuit for wrongful death.  You may need to be appointed as the administrator of the decedent's estate.  I would suggest you contact a competent attorney to determine if your case has merit, and if so, to give you a recommendation about filing it.   Jonathan Johnson   www.gawrongfuldeathlawyer.com... Read More

All states impose on attorney's ethical duties with respect to communications with clients.  I would suggest you contact the attorney in writing with a deadline for contacting you to update you on the case.  Keep a copy of your written request.  If the attorney still fails to respond,  you can contact your state bar to make a bar complaint.  If you are sufficiently dissatisfied, you may terminate the attorney and hire someone else to take your case.... Read More