If you want the case investigated for possible action against the home owner (your sister perhaps) then call me. It will cost you nothing and if there is a case, I will represent you on a contingency basis as most lawyers do. My number is 323-782-0099.
Please accept my condolences for your loss.
There are additional facts needed to evaluate a wrongful death action. You should contact an attorney to discuss the facts in greater detail. Most consumer attorneys, such as me, offer free consultations to discuss the facts of your potential claim. I offer help to injured people state wide.
I urge you to take advantage of the services of a free consultation with an attorney who handles wrongful death matters as soon as possible to preserve evidence.
If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.
This is a tragedy. I am very sorry for your loss. It is very important that you contact an experienced trial lawyer in your area who can sit down with you and explain the applicable wrongful death laws and what steps will have to be taken. Among other things, it will be important for the attorney to know if your father had a will and where the will is presently located. It will cost you nothing to speak with an attorney, and any attorney that accepts your case will undoubtedly do so on a contingency fee basis.
Dealing with the loss of a parent, especially under circumstances that you describe, must be extraordinarily painful. You don't have to go through this alone. Your attorney can assist you in obtaining the services of a grief counselor to help get you through this time. I have seen clients greatly benefit from such counseling in the past.
I'm very sorry to hear of your loss. Your sister may be liable to your father's heirs for loss of the care, comfort and companionship of your father (wrongful death damages). You should consult a California attorney who specializes in personal injury immediately to discuss your rights.
S. David Rosenthal
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
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While the attorneys who responded are right that homeowners insurance will likely provide coverage this sad loss, cases where one family member sues another for an in-home accident are always tricky and juries don't like them, therefore carriers don't like to pay $$ on them.
The mere fact that your father was on meds does not make this an open and shut liability case. The real issue is whether sister had a legal duty to prevent him from walking around or getting in the pool, which will be fact specific. There's also the issue of whether the pool violated any codes, such as having fencing around it.
You should consult with a lawyer to discuss the specifics of your situation to determine whether you should bring a wrongful death suit against your sister/her homeowner's insurance. Many lawyers offer free consultations including my office and will accept your case on a contingency basis if they decide to take the case.
Law Offices of David M. Boertje 402 W. Broadway, Suite 950 San Diego, CA 92101 (619) 229-1870 *Please note that this is not legal advice and in no way formed an attorney-client relationship*
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