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Can I sue my son's girlfriend for wrongful death and the Police for destruction of evidence, negligence, and discrimination?

New York, NY |
Filed under: Lawsuits and disputes

My son's (black, 29) girlfriend(white, 39) called the police at 5am stating he woke up coughing walked into the bathroom and collapsed dead. The police did not tape off the scene, ask questions, check for prints, or even acknowledge that he'd been dead long before the time she claimed. A rolled marijuana (blunt) was lying on the dining table, the police simply walked pass it. 3 days later I retrieved those drugs and called the detective 20 times with no response, then I emailed him and he was very upset, but came to my home to retrieve it and refused the recorded statement I have of her admitting to lying to the police. The examiner report states Sudden Cardiac Death, Manner of death: undetermined. I believed the police are protecting her because she is white because there is more to this

Examiner report states my son was dead for over 12 to 8 hours. The Detective said he did not need her recorded statement because what she did was a misdemeanor, she may have been just scared. People were walking around the house, sitting on the couch, while the police took pictures of my son in the floor. I have reason to believe that they were having a house party, because her home was a party house, they were either doing drugs, or fighting and my son collapsed, people ran and she did not call for help, letting him lie there dead for 12 hours. My son took something that the examiner did not pick up. Would a lawyer be helpful?

Attorney Answers 4

Posted

Sorry to hear of your loss. Contact an attorney and find out if an autopsy was conducted. Suing a person for wrongful death is not easy. Need to show they are liable and more importantly that she has insurance or assets. If it was a crime, then insurance company may disclaim responsibility.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Consult a lawyer. Generally though you can't sue the police for how they conduct an investigation and you can't sue the girlfriend for wrongful death unless she killed him or failed to get help if she had a duty to do so and the help would have prevented the death.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

lawyer might be helpful, but you may want to cotnact the prosecutor's office if you beleive that there was foul play. However, do you think she killed him or this is simply drug abuse where she got rid of the evidence before calling the police.
It does seem clear that it is likely that your son died from some type of drug abuse. What makes you think that she is responsible? Do you really want to add to the tragedy? What would he have wanted?

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Asker

Posted

Thanks for responding Mr. Rothenberg. My son had a thorough autopsy and the toxicology report states he had marijuana in his system (that's it), but nothing that would cause a cardiac arrest. The nurse stated the visual autopsy was clear as well as the toxicology. Which is why the matter of death is undetermined. Also the fact that the report states he had been dead for 12 to 8 hours and she called at 5am stating he had just died. When I arrived I clearly saw rigamortis had already set in, he was in the floor frozen in a position. Also the fact that she changed her story many times, she delivered the drug to me that she lied and said she threw away, She gave me a name and number of the drug dealer who she claim came to her house with the marijuana, and I caught her walking hand and hand with a new man the day of my son's wake. Mt daughter also received an anonymous call saying " there is more to the story, she knows what really happened, she's needs to come clean" I forwarded a 5 page statement to the prosecutor a month ago and he stated he will look into it form me, but every week I call, he either does not return my calls or says he's waiting for the report .. I have all those things already, why doesn't he? The prosecutor also stated that the report should have been sent to his office asap after the matter of death could not be determined. They had been fighting terribly, calling me to the house to get him all times of the night. They had a rocky relationship, but they couldn't leave each other alone. I'd advise her to stop coming for him, after I convince him to come home and leave her be because the relationship was unhealthy. The last time she come to get him, a week later she calls me to come over right away, I get there thinking I have to get him again and the house is covered with police, two thugs from the city, far from this suburban town are standing on her porch starring at me, I thought that was extremely odd. Especially because one was an enemy of my son's. Later when I asked "who called those tow boys to your house before me or the police? and she says "Oh, I can't remember so much was going on that day" and the girlfriend runs to me and says "I'm sorry he's dead"

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Posted

I'm sorry please let me clarify the last paragraph: The last time she come to get him, a week later she calls me to come over right away, I get there thinking I have to get him again and the house is covered with police, two thugs from the city, far from this suburban town are standing on her porch starring at me, I thought that was extremely odd. Especially because one was an enemy of my son's. The girlfriend runs to me from inside the house and says "I'm sorry he's dead". My son would want me to find the truth. The examiner stated, when my son collapsed, he cannot determined his chances of living depending on how fast paramedics could come to his rescue or if he died instantly. I was told the weed was low dose. I asked if they could check him for poisons? and I was told that they only check for major drugs and suspected diseases, the test are too expensive so they have to be ordered to do so by the prosecutor. What is also fishy is the was he was positioned, it was too perfect to fall that way. I have 2 good friends who are police officers from another jurisdiction who stated something smells funny and they told me to get to the prosecutor right away.

Posted

Call the DA & a local civil rights lawyer.

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