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I filed a wrongful death suit myself against a drug pusher who watched my son OD and die at his house, don't know how to proceed

Staten Island, NY |

I don;'t know how to proceed, He called one of his friends in the meantime for advice, and I made her part of the suit. My son did not have enough money to purchase all the drugs that were in his system, he owed the dealer money. I and the police think he was murdered, they even planted more drugs in his pocket after he died. He died in the pusher's house, they watched him die, it is in the police reports, then waited three hours to call police while they removed any other drugs. This is not a big money case, and I have no money, but it would be high profile. Filed suit in 2009, duly served, fill-in-form came back from pusher saying he did nothing wrong. Do not know how to proceed from here.

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Attorney answers 7

Best Answer
Posted

No money in the world will bring your son back and I commend you in filing a lawsuit to seek the justice you desire. If the drug dealer was arrested and plead guilty to a crime then you win against him in your case under a legal doctrine that allows you to have a judgment I've against him. If he hasn't been charged ten you need to serve discovery demands against him and a request for a deposition. Call your local bar association and or a local law school that may have a pro bono program and will assist you in the lawsuit an take you through it step by step. Call at Brooklyn law School and St Johns law School and see if they offer such assistance. Good luck and keep up the good fight.

Asker

Posted

220.03 00 **TOP CHARGE** A Misdemeanor, 1 count, Arrest charge, Arraignment charge DescriptionCrim Poss Contrl Subst ret date Sept. 18

Posted

I am sorry for your loss. To answer your question, usually, the next step would be to conduct discovery. However, I highly suggest that you, at least, try to find an attorney to represent you in this matter.

I am licensed to practice law in the State of California, and thus, my answers are based on California law. The laws of your jurisdiction may differ, and therefore, this answer is for informational and educational purposes only and is not to be considered as legal advice. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author.

Posted

I agree. This is too much to handle on your won. You really need an attorney. also, what do you expect to get from the drug pusher. Does he or she have assets that they can liquidate if you get a judgment or you prevail at trial?

Daniel DeMaria

Daniel DeMaria

Posted

I'm amused that more lawyers agree with my answer than yours given that my answer simply agrees with yours!

Posted

Mr. Pittman makes an excellent point. Unless the drug pusher has assets or money, you don't have much to gain from suing him.

Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.

Asker

Posted

I don't want to gain anything. I want people to know who he is

Posted

I am so terribly sorry for your loss. Unfortunately, you are not likley to find an attorney to represent you given the facts you provide, even if you think it is a "high profile" case. The reality is that the time and expense involved in prosecuting the case will be too substantial (you need to get medical records; have medical testimony at trial; have numerous depositions) given the reality of the unlikelihood that you will be able to collect a judgment against the pusher even if you assume you will be successful - and, sorry to say- that is no guaranty. Although, I am sure it is something you do not want to hear, may be the best thing for you is to try to come to a closure with the fact of the loss of your son so that maybe it will stop eating at you and you hopefully can then move on with your life.

Posted

Hire a lawyer. Most won't take the case just because it may end up "high profile"; and there is not guarantee that this one would get the attention of the media. However, there are lawyers that WILL take on a case like this, purely from a sense of justice and desire to make society better by righting wrongs, at least to the degree we are able to do that. I hope you will find one of those lawyers. May take some looking, but they are out there. Maybe one of the respondents to your inquiry will be the right one for you. Good luck.

Posted

Lawsuits are extremely complicated, thus, best bet is to retain one of the lawyers in your state who answered above for representation.

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