David J Don’s Answers

David J Don

Phoenix Civil Rights Attorney.

Contributor Level 9
  1. My sister contracted mersa in a hospital and is stated as such on her death certificate. The hospital is located bakersfield ca

    Answered about 1 year ago.

    1. David J Don
    2. David Vincent Hiden
    3. L. Maxwell Taylor
    4. James Otto Heiting
    5. David Ian Schoen
    6. ···
    12 lawyer answers

    To have a viable case, you'd need to show that the hospital did something wrong that was a cause of your sister's death. Unfortunately, MRSA is commonly acquired in hospitals. Unless you show, for instance, that the hospital failed to treat her infection, you'd have a tough time successfully premising a wrongful death case on her catching a MRSA infection.

    15 lawyers agreed with this answer

  2. Can charges get dismissed

    Answered almost 2 years ago.

    1. David J Don
    2. Christian K. Lassen II
    3. Scott A Macleod
    4. Martin Paul Weniz
    5. Michael Shemtoub
    5 lawyer answers

    Before you consider any civil remedy, you should recognize that your primary issue involves criminal law. You need to contact a criminal defense attorney immediately to protect your rights. Its sometimes possible in the criminal process to conduct discovery, including witness interviews, which can later help you in a possible civil case, but your priority must be to defend the criminal charges you are facing.

    12 lawyers agreed with this answer

  3. How many years do you have to sue for wrongfull Death.

    Answered 11 months ago.

    1. John M. McCabe
    2. Timothy Shawn Howard
    3. C. Adam Barrington III
    4. C. Donald Briggs III
    5. David J Don
    6. ···
    9 lawyer answers

    As a general rule, North Carolina has a 3 year statute of limitations for personal injury claims and a 2 year statute for wrongful death. But sometimes calculating the statutes of limitations, i.e., the time you have to sue, can be complicated. There are situations involving minor children, for instance, that might extend the time to sue. You need to contact a North Carolina attorney to look at your case in more detail.

    12 lawyers agreed with this answer

  4. What can we do about a wrongful death lawsuit? Any help knowledge or referrals greatly appreciated!

    Answered about 2 months ago.

    1. David J Don
    2. Christopher J Zachar
    3. Mark A Kille
    4. Kendra L. A. Stephen
    5. James Otto Heiting
    6. ···
    7 lawyer answers

    Generally, the use of deadly force by police officers against a non-violent person is unconstitutional, and, if proven, could be the basis for a successful civil rights claim. But these are difficult cases. The law protects police officers in many ways from civil suits. It's also often difficult to establish plaintiff's version of exactly what happened unless there's videotape, credible eyewitnesses, or clear physical evidence. The chances of success on this claim will be highly fact...

    9 lawyers agreed with this answer

  5. Hit by a drunk driver

    Answered over 1 year ago.

    1. David J Don
    2. John M Curtin
    3. David Ian Schoen
    4. Tanya Marie Bachand
    5. Bruce M Squire
    6. ···
    6 lawyer answers

    There is no simple formula for establishing a fair settlement value. Generally, a case with aggravated liability, such as a DUI, has greater jury appeal and hence greater value than a simple negligence case. However, your lawyer is in the best position to evaluate all the factors that go into settlement value. If you don't trust your lawyer's evaluation, ask him to solicit opinions from other attorneys in the field. You should be reassured if more than one lawyer agrees on the settlement value.

    9 lawyers agreed with this answer

  6. My daughter's father died from lung cancer in 2009. He was only in his 30s.

    Answered about 1 year ago.

    1. David J Don
    2. Christian K. Lassen II
    3. Giacomo Jacques Behar
    4. David Ian Schoen
    5. Josh P Tolin
    6. ···
    6 lawyer answers

    You obviously need to contact an attorney in Virginia to investigate the facts and to see whether there is time left to bring a lawsuit. Generally, Virginia law imposes a two-year statute of limitations for bringing a wrongful death case. There are many circumstances, however, that might extend the time to bring the case.

    10 lawyers agreed with this answer

  7. If a sibling files a case in regards to a wrongful death of a parent, do all siblings have to be documented on said case.

    Answered over 1 year ago.

    1. Scott W. Leeds
    2. Kim Michael Cullen
    3. Alexander Alvarez
    4. David B Pittman
    5. David J Don
    6. ···
    8 lawyer answers

    You need to contact an attorney more familiar with Florida state law. Apparently, the answer to your question is in the Florida Wrongful Death Act, which states that the personal representative of the decedent brings the case on behalf of the all the survivors, all of whom should be identified in the complaint.

    10 lawyers agreed with this answer

  8. Do I have a case to claim against dept of corr.

    Answered almost 2 years ago.

    1. David J Don
    2. John M Curtin
    3. Martin Paul Weniz
    3 lawyer answers

    Your question is unclear about what injury was caused by your psychiatric medications. Unless your treatment caused some injury you do not have a medical malpractice claim. Also, since July 1, 2012, the Arizona Department of Corrections has contracted with a private medical provider, Wexford, to provide medical care at all the ADC facilities. If your claim arose after that date, you will likely have an easier claim against Wexford and the individual medical provider.

    8 lawyers agreed with this answer

  9. Wrongful death civil suit

    Answered over 1 year ago.

    1. William Peter Daley
    2. John F. Brennan
    3. David J Don
    4. Kevin Coluccio
    5. Thomas William James
    6. ···
    8 lawyer answers

    The interplay between criminal prosecutions and civil cases arising from the same facts can be complicated. You really need a lawyer to look into this. In many jurisdictions the civil defendant is not permitted to deny the facts that form the basis of an earlier criminal conviction. On the other hand, the fact that the prosecuting agency thought to prosecute the other driver criminally -- assuming the crime related to causing the collision and not something like fleeing the scene after the...

    9 lawyers agreed with this answer

  10. Can a wrongful death suit be filed after someone commits suicide.

    Answered over 1 year ago.

    1. William Peter Daley
    2. David J Don
    3. Robert Bruce Kopelson
    4. Christian K. Lassen II
    5. David B Pittman
    6. ···
    7 lawyer answers

    To respond, the answer is yes. Generally speaking, poor psychiatric care can form the basis for a wrongful death case. I've handled nearly a dozen psychiatric malpractice cases over the years. Suicide is a known risk of inadequately treated mental illness. On these brief facts, it seems the issues will involve the quality of the psychiatric assessment and the suicide risk assessment. You should retain a local attorney who can see that the records are reviewed by an experienced mental...

    9 lawyers agreed with this answer