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James Otto Heiting

James Heiting’s Answers

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  • If I get sued for wrongful death, can they put a lien on my house and take it?

    James’s Answer

    It is possible, but highly unlikely, that you would lose your house.

  • I want to get the body cam of the shooting of my brother from the Spartanburg county sheriff's department how do I about getting

    James’s Answer

    Might have to get a court order. Might have to hire an attorney to get the order, or to get the body cam footage at all. You will have to have good cause, probably.

  • Is there a likely wrongful death suit from an accidental overdose of methadone?

    James’s Answer

    A toxicologist may be key to answer at least part of the question(s). Assuming your son was taking the prescribed dosage, the dose and toxicity would have to be analyzed, along with the susceptibility of your son to reaction. Then the question becomes what was reasonable under the circumstances. In other words, the short answer is, I wouldn't say likely; but I would say possible. There are many other issues, too. Who prescribed? Who dosed? Who administered? Symptoms previously? Your son's history? Was a state, or county, or municipal entity/personnel involved?.... etc.. I am sorry for your loss and wish you strength and peace in this difficult time.

  • What can I do?

    James’s Answer

    They cannot go on without you (at least if they are honest with the court and other parties). You can join the action when it is filed. You should try to talk to the attorney about joint representation or get a lawyer yourself asap.

  • Can I join a wrongful death suit my step mom filed since it has been past a year?

    James’s Answer

    Consult with an attorney in the state where this happened asap. Probably best not to go to the lawyer for his wife, as there may be a conflict of interest that arises. Best advise probably comes from an independent lawyer in wrongful death cases. You may elect to have the original attorney represent you, too, if the state laws allow that and if the attorney and all clients agree, but that is a bridge to cross when you get to that point.

  • Can I sue for hospital negligence leading to my father's death?

    James’s Answer

    If things are as clear as you say they are in your inquiry, yes, a claim for malpractice could and should be made. See a medical malpractice attorney asap. Gather the medical records from the ER and hospital asap, too. A death certificate will be helpful, as well. The state dictates who can make a claim and for what. Not all family members may make a claim. See that lawyer.

  • How is this my fault????

    James’s Answer

    Go talk to a PI specialist that can analyze the case without a lot of emotion. The police report, pictures of the scene and the vehicles and the data as to weather in that area and sunset for that date will be helpful.

  • What can I do

    James’s Answer

    If you don't know what happened, and two formerly viable fetuses are now reported dead, if there is a suspicion of fowl play (and there may be), why not call the police and tell them? It is then up to them as to whether they investigate further. I think it is prudent to do so.

  • My mom pass away due to malpractice at the hospital how can I find out if my sister receive a settlement ?

    James’s Answer

    You can check the court records, and you can contact the defendant(s). You can ask your sister. It is unlikely she got money and you did not hear of it unless she didn't tell the truth about having a sibling (or you are wrong about being a sibling).

  • Can I have my mother's death investigated?

    James’s Answer

    Time is moving along, and delay in these matters can complicate things. A forensic autopsy might be helpful to your determination whether there was foul play. This would require a lot of time and expense and heartache to exhume the body (if not cremated), get the hearings done, etc...... IF the court would allow it.