Can a wrongful death suit be filed for a suicide?

Asked almost 5 years ago - Layton, UT

My brother commited suicide because his wife was having an affair (for the 4th time). He also suffered from depression. He had spoke with her as well as left her text messages and voicemails 3 hours before he did it. He told her what he was going to do, and she failed to notify anyone. She sent response emails urging him to do it. She was with a group of friends when she was recieving these messages, and one of the friends told us everything that happened. She said his wife was laughing about it and said she didnt care anymore and was sick of him. That same friend that told us about the situation was the one who got worried and went to check on him. She found him hanging in his apartment. The police still have my brothers cell phone with the messages on it. It's still an open ivestigation.

Attorney answers (3)

  1. Matthew A. Kane

    Contributor Level 12

    1

    Lawyer agrees

    Answered . The estate will have claims against the wife for intentional and negligent infliction of emotional distress. Consult with an attorney near you if you want to be sure. I am sorry for your loss.

    I hope this helps. Good luck!

    Matt

  2. Robert L. Brenna Jr.

    Contributor Level 12

    1

    Lawyer agrees

    Answered . this is certainly a tragic situation, and her actions were unconscionable. I would suggest you discuss this with the District Attorney's Office, or whatever official prosecutes matters in your jurisdiction. I would also suggest you contact a personal injury attorney in your state, to determine the state laws which may be applicable. Traditionally, the suicide itself, absent a custodial situations such as a hospital or jail would be potentially liable for inadequate supervision, there would be no case. However, due to her actually encouraging him to kill him self may wind up with potential criminal and civil liability.EXTREMELY URGENT that you contact an attorney who is well-versed in the estates field, because you may be able to prevent her from getting life insurance or any portion of his estate which she would otherwise be entitled to. In most states someone who kills a spouse is cut off from being the beneficiary of life insurance or any inheritance from their estate, and this may, with the right attorney, be elevated to be able to do that in this case. I've been out of law school for 30 years, and these facts sicken me, beyond belief! You Cannot wait-yet in touch with all of these people immediately. make sure all of the evidence is preserved by the police, and the phone companies. See the attorneys I mentioned immediately as well as the prosecutor.Best wishes

    Bob Brenna Jr
    Brenna Brenna and Boyce PL LC
    Rochester New York

  3. Michael Douglas Shafer

    Contributor Level 20

    Answered . UNFORTUNATELY,NO. I AM SORRY.

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