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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

  1. 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

  2. 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.

  3. 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?

  4. Call the DA & a local civil rights lawyer.

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