Hogan Injury > Blog > wrongful death

Wrongful Death Attorney Discusses Multi-vehicle Sacramento Crash

By | September 10th, 2015

The California State Patrol provided details of a Sacramento accident caused by a motorist allegedly running a stop sign. The crash occurred on Sunday, August 23. Three Vehicles Involved According to reports, a southbound silver Hyundai Santa Fe on Wyda Way broadsided a Chrysler minivan with seven occupants that was traveling on the Alta Arden Expressway. This caused the driver of the minivan to lose control, and the Chrysler then hit a Toyota Sienna minivan also traveling on the Alta Arden, according to KCRA News. Multiple Injuries and Loss of.

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Wrongful Death Attorney Discusses San Jose Pedestrian Hit-and-run

By | September 10th, 2015

San Jose police are seeking the motorist involved in a fatal hit-and-run accident on Thursday, August 27. Accident Details At approximately 7:15 a.m., dispatchers sent officers to the area of Clarice Drive and Huran Drive because of reports of a pedestrian struck by a vehicle. Authorities subsequently pronounced a 46-year-old San Jose female dead at the scene. Police Locate Abandoned Vehicle Law enforcement says that a maroon sedan ran up on the sidewalk, allegedly struck the pedestrian and sped off. Officers later found the car abandoned several blocks from the.

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Justice From Beyond The Grave: Wrongful Death Claims

By | September 4th, 2015

Wrongful death occurs when a person passes due to the misconduct, or negligence of another person. In these cases, the family files the claim on behalf of the deceased. Compensation is available if the guilt of the other party is proven. Though monetary gains will never bring back a loved one, it does bring some comfort to know that justice prevailed. Depending on the state, which has jurisdiction in the case, the statute of limitations ranges from one to three years. Therefore, if you know that the death of a.

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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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Being Charged For His Son’s Death Using His Gun

By | October 3rd, 2013

QUESTION: My son shot himself with my gun, can I be charged for his death? My gun was locked away in my safe at home, key was hidden. However, my son found my gun and shot himself. He never left a note. I am being charged for his death. ANSWER: A wrongful death action may lie for a suicide. Where defendant owed a duty of due care to the victim and defendant’s act or omission was a substantial factor in causing the suicide, defendant is not exonerated from liability on.

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Recovering Insurance Benefits: Rights of Wrongful Death Claimants

By | October 3rd, 2013

QUESTION: I have a 12 year old son who was killed in Nov 2012. His father and I were divorced with legal custody 50/50. He filed an unlawful death suit with the insurance company. He wanted to settle without my knowledge. They in turn contacted me and said that they cannot do anything without me. The insurance company has now settled with him separately because I denied having to pay for his personal attorney’s fees. No one contacted me regarding this as the same was only brought to my attention.

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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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Medicine Intoxication Resulted to Injuries and Eventual Death

By | July 29th, 2013

QUESTION: My mom was 86. Back in 2010 she was prescribed 10mg of amitriptyline for arthritis pain. In 2011 the refilled same drug at 100mg. The following morning after she took her pain pill, my mom was over intoxicated from the med. Since then, her health went down entirely, which caused her to move out here with me in Modesto. A lot of other medical complications followed since that incident. She was admitted to the hospital after having chest pains and lots of fluid in her body. They had her.

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Suing a Psychiatric Care Facility Due to Wrongful Death

By | March 27th, 2013

QUESTION: My son committed suicide after not getting help or medication in a mandatory psychiatric holding facility. Can I sue them for malpractice or wrongful death? ANSWER: Psychiatrists, hospitals, or mental health facilities owe a duty of care to take responsible steps to prevent foreseeable suicide. This special relationship is born out of the patient’s dependency on the health care provider who “has some control over the (patient’s) welfare” [Kockelman v. Segal (1998)].

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Prisoner-Inflicted Injuries: Should the County Jail Be Held Liable?

By | March 8th, 2013

QUESTION: Can one file a personal injury suit against a county jail if, for example, a detainee was exposed to a person who had a prior history of trying to kill an inmate and then after 60 days stabbed another? ANSWER: With a few exceptions, public entities are immune from liability for injuries caused by any prisoner to another prisoner while an inmate of a “prison, jail or penal or correctional facility” [Gov.C. § 844.6(a)].  This also applies to claims that derive from any injury to a prisoner—i.e., public entities.

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