If you can get all of your mother's medical records, an experienced malpractice attorney can review and give you his or her opinion. If they think there is something there, then, they can forward to an expert. I don't know CA law, and do not know whether you can sue an HMO or have to sue whoever the liable party is .
I don't believe any lay person can negotiate a fair settlement amount without counsel. If you go to a doctor for medical problems, why not go to a lawyer for legal problems. What makes our think you have any percentage of fault. Retain counsel immediately if you want full value for claim or lawsuit, if necessary.
Just file the case against the defendant. Once the case is filed, if you hire counsel, he or she can amend your complaint if there are any defects or issues with it. You can always send a courtesy copy to the insurance company. I don't, since I have never seen the insurance company do anything which resembles courtesy for my injured clients.
I honestly don't know, and would guess not. Assuming the hotel was required to have a phone, with diabetic keto-acidosis, your dad still would have had to be able to call someone on a timely basis for there to be a case. I am so sorry for your loss. It would be a good idea to call does wrongful death cases. lt sounds like a real stretch to make a case based on the facts you provided.
The reason no one wants to give you specific advice is that we do not know the specifics of the settlement. Generally personal injury settlements and wrongful death settlements are not taxable. However compensation for lost wages is taxable. Your attorney is in the best position to answer your question. Once the check is cut to you, if you wish to put it in your children's names that is up to you. You may want to speak to your tax attorney or accountant, because any "gift" over $10,000 is...
You have to have liability for the county or municipality to pay. More than likely they have insurance or are self-insured up to a certain amount, but how and why are they liable? If there are more facts you did not put in your question, please edit.
If you maintained full coverage on your vehicle you would have uninsured motorist coverage, and that may be your only viable chance of recovery. While you can sue the lady, if she had no coverage, any judgment against her might be difficult to collect on, unless she is employed. Even then, she could file a bankruptcy if you got a judgment against her. Discuss with a local personal injury attorney.
There must have been a good reason you hired your attorney. You should be relying on his or her advice and not listening to your friend who works in the insurance industry. There is no such thing as "free" money. There must be liability for the store to be willing to pay. Walmart does not pay nuisance value for any claim, especially for unrepresented people. Let your attorney do their job, and yes, as the client, you have final authority to accept or reject any settlement offer.
My condolences for your loss. I am curious as to whether there was any fetal heart monitoring or non-stress testing done before your admission to the hospital. That would be important to know. I am wondering whether this was a high risk pregnancy. I would discuss this with an experienced malpractice attorney, and obtain records ( with audits in Missouri), all fetal tracings, and any ultrasounds or imaging. As a parent, under Missouri wrongful death laws you are entitled to sue. Your statute is...