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Wrongful Death in California: Four Facts You Should Know

By | January 15th, 2016

Wrongful death refers to a death that occurs due to the wrongful act of another individual or organization. It is a civil suit for monetary damages, and may be brought even if a criminal case about the incident(s) are proceeding separately. Here are four facts to know about wrongful death cases in California. First, several categories of family member may bring a wrongful death suit. These include the deceased person’s surviving spouse or domestic partner, his or her surviving children, or, if there are neither in these categories, by an.

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Incorrect Diagnosis Leading to Wrongful Death

By | November 12th, 2013

QUESTION: My wife died from a virus that doctors believe was caused by an infusion type drug for lupus. After an incorrect diagnosis of Lupus Cerebritus specialists diagnosed her as having the JC virus which caused PML in her brain. She passed away about 3 weeks after this diagnosis. The specialists believe that the virus was caused by the drug Ben-Lysta which was prescribed to her for control of her lupus symptoms. I am not sure if this would fall under "failure to diagnose", "bad drug", or "wrongful death". Do.

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2 Deaths Caused by Newly Purchased Lift Chair

By | September 5th, 2013

QUESTION: Our parents’ house caught fire. My mother’s lift chair did not work when the power was out. She was trapped in the chair. I got her out but by then my father had inhaled too much smoke and burned to death before he got out the door. My mother died 2 weeks later because of her injuries. If only the chair had a release in case of power failure, both my parents would still be alive today. I would like to know if we have a case because of.

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Wrongful Death and the Premises Owner’s Liability

By | March 26th, 2013

QUESTION: My son was shot and killed while at a convenience store. Is the store liable for not calling for help even though there were cameras on the site? Do I have a case? ANSWER: In a wrongful death lawsuit, the death of the individual must be caused by the negligence or tortious act of another. For cases of death due to the crime committed by third parties, those who have a special relationship with the victim may be liable under certain circumstances.

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Who Qualifies for a Wrongful Death Claim?

By | March 7th, 2013

QUESTION: My father died in a horrific accident in February 2013. We were all devastated, and his partner of 40 years is trying to sue for wrongful death or compensation because he was her provider, but they were never married. Is she legally allowed to do this? Can a non-family sue for wrongful death? We also want to know if we have a wrongful death case as his surviving children. ANSWER: The California Code of Civil Procedure provides for certain heirs to file for a wrongful death action on their.

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Wrongful Death Claims and the Proper Steps to Take

By | March 7th, 2013

QUESTION: My father died from a leak in his colon, causing him to have heart failure. Two days before his death, his physical therapists came to his room and picked him up under his arms and transferred him to a chair, putting all his weight on the lower part of his body. I have been very ill even if it has been more than a year since my father’s death. What circumstances allow for a wrongful death suit? ANSWER: For a wrongful death cause of action, there must be a.

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