Free legal help for disabled person in California? Wrongful death lawsuit

[R92024]

California:

A disabled friend, Burdette, has been served with a summons and listed as a ‘nominal defendant’ in a wrongful death lawsuit.

Burdette's sister is listed as the sole plaintiff and the lawsuit is being brought against a major hospital (and other defendants) over the death of their mother.

The summons states that a written response is required from Burdette within 30 days of him being served (which was on 9/29/2025).

Burdette is 58 and suffered a massive stroke 30 years ago. He is severely disabled and lives in an assisted living facility in Riverside, California. He lives on social security benefits and does not have any additional financial resources, so he cannot afford to hire an attorney to act on his behalf. He cannot use a computer but is able to talk on the phone.

I suspect that Burdette’s sister is trying to claim any settlement that may be awarded under the wrongful death lawsuit entirely for herself, instead of sharing it with Burdette.

I, Richard, have known Burdette and his family for 30 years, and he has asked me to help him with his issue.

Are there any organizations that could help him? I have tried various online options, but they either don’t handle this type of case, or they would charge high fees.

Thank you for any advice.

 

[quincy]

California:

A disabled friend, Burdette, has been served with a summons and listed as a ‘nominal defendant’ in a wrongful death lawsuit.

Burdette sister is listed as the sole plaintiff and the lawsuit is being brought against a major hospital (and other defendants) over the death of their mother.

The summons states that a written response is required from Burdette within 30 days of him being served (which was on 9/29/2025).

Burdette is 58 and suffered a massive stroke 30 years ago. He is severely disabled and lives in an assisted living facility in Riverside, California. He lives on social security benefits and does not have any additional financial resources, so he cannot afford to hire an attorney to act on his behalf. He cannot use a computer but is able to talk on the phone.

I suspect that Burdette’s sister is trying to claim any settlement that may be awarded under the wrongful death lawsuit entirely for herself, instead of sharing it with Burdette.

I, Richard, have known Burdette and his family for 30 years, and he has asked me to help him with his issue.

Are there any organizations that could help him? I have tried various online options, but they either don’t handle this type of case, or they would charge high fees.

Thank you for any advice.

We do not provide referrals on this forum but here is a link to free and low cost legal options in California for your friend to check out.

https://selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help

Good luck.

 

[zddoodah]

Look for an elder rights organization in your friend's area of residence and/or a local law school that may have a clinic.

 

[quincy]

Look for an elder rights organization in your friend's area of residence and/or a local law school that may have a clinic.

California’s Department of Aging could provide a referral perhaps or direct to other resources but is unlikely to provide defense in a medical malpractice case. Here is a link: https://aging.ca.gov/Programs_and_Services/Legal_Services/

 

[cbg]

Contact any law schools in the area for clinics where third year students, under the guidance of their professors, provide free or low-cost assistance to gain experience before graduation.

 

[quincy]

A law school legal aid clinic potentially can assist the friend in filing a response to the complaint - which is the immediate concern - but the friend will want an attorney to defend against the medical malpractice claim should the case make it to court. A legal aid clinic won’t provide that.

While private attorneys can be costly, large firms often offer some limited pro bono services. Medical malpractice claims typically require numerous hours of work and research and expert testimony, though, so it can be difficult to find any attorney who will sacrifice the time or take on the expense of a medical malpractice case for free, unless there is the prospect of recovering costs at the end.

The friend’s best hope is to get dismissed from the suit entirely. A lawyer who has access to all of the facts can determine if this is a realistic possibility.

 

[R92024]

Thank you very much for your responses.

To give more info:

From my understanding, Burdette has been listed on the summons as a 'nominal defendant' simply as a formality, namely that he is the son of the deceased, and brother of the plaintiff. (I would have thought that he should be listed as a joint plaintiff, and that he would be entitled to a share of an award for wrongful death? Based on past experience, I firmly believe Burdette’s sister has orchestrated it so she any award goes only to her).

For the last two years of his mother’s life, Burdette’s sister did not allow him to see his mother; he has been in the assisted living facility the whole time, so I do not believe he is being listed as a defendant out of any wrong doing.

Last week, both Burdette and I spoke to the plaintiff's attorney, who initially said that he would also be able to represent Burdette... but he is now no longer accepting our calls. I believe their strategy is to wait for the 30 day notice period to expire, so Burdette's sister can claim all the awarded amount.

This case was filed in April 2024, and the next court hearing is shown as being on December 16, 2025. From looking up the Case Number on the Superior Court website, it looks like a huge amount of work has already been undertaken by the plaintiff’s attorney, so I don’t think an attorney representing Burdette would need to do all that heavy lifting. It’s really someone to protect his interests.

Thank you again for any help.

 

[quincy]

Thank you very much for your responses.

To give more info:

From my understanding, Burdette has been listed on the summons as a 'nominal defendant' simply as a formality, namely that he is the son of the deceased, and brother of the plaintiff. (I would have thought that he should be listed as a joint plaintiff, and that he would be entitled to a share of an award for wrongful death? Based on past experience, I firmly believe Burdette’s sister has orchestrated it so she any award goes only to her).

For the last two years of his mother’s life, Burdette’s sister did not allow him to see his mother; he has been in the assisted living facility the whole time, so I do not believe he is being listed as a defendant out of any wrong doing.

Last week, both Burdette and I spoke to the plaintiff's attorney, who initially said that he would also be able to represent Burdette... but he is now no longer accepting our calls. I believe their strategy is to wait for the 30 day notice period to expire, so Burdette's sister can claim all the awarded amount.

This case was filed in April 2024, and the next court hearing is shown as being on December 16, 2025. From looking up the Case Number on the Superior Court website, it looks like a huge amount of work has already been undertaken by the plaintiff’s attorney, so I don’t think an attorney representing Burdette would need to do all that heavy lifting. It’s really someone to protect his interests.

Thank you again for any help.

We all appreciate the thanks, so thank you.

There is not much more a forum can do for you or your friend at this point. Burdette should respond to the complaint, with help as necessary perhaps from one of the sources provided you in this thread.

I agree with you, based on the limited amount of information you have given us, that it seems your friend would make a better plaintiff than defendant … but a lawyer in your area can determine that better and, if the lawyer agrees with you, it might be possible to remove your friend as defendant.

Good luck.

 

[R92024]

Thank you, much appreciated.

 

[quincy]

Thank you, much appreciated.

You’re welcome, R92024.

Your friend, by the way, is lucky to have you looking out for him.

 

[stealth2]

Thank you, much appreciated.

It's always nice when querants are nice.