My brother and his friend BOTH o.d. from a substance a person provided,are there any statutes of limitations,certain legal rules etc.to pursue this.The local law said they did it "willingl" I think they thought it was a shot,turned out they both died from liquid morphine.
2006-08-25 13:32:55 · 7 answers · asked by unluckyinluv 2 in Politics & Government ➔ Law Enforcement & Police
I do not believe they wanted a morphine high,I knew both of them and that is NOT either one of their M.O.s
2006-08-25 13:45:40 · update #1
if you serve alcohol and a person leaving your establishment gets in a wreck to were someone is injured. they can sue the person serving the alcohol.. if your at my house jumping on my trampoline and break your leg you can sue me.. YOU chose to jump.. so if your brother and his friend drink something yes that was their choice but the person who provided the drink should be responsible for that.. good luck to you
2006-08-25 13:39:48 · answer #1 · answered by notaclue 2 · 0⤊ 0⤋
sorry for the loss, if the prosecutor will not go after the supplier then you have an up hill battle, you can in civil suit as a family member sue for wrong full death a less burden of proof as demonstrated in OJ trail, but evidence is the most important element then creditability of the person testifying, that your brother had no idea what he was taking but since he is dead you will need third party testminoy
2006-08-25 15:27:16 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋
No there does not need to be an arrest. Doctors and other medical professionals are sued all the time for wrongful death, without an arrest ever taking place. However, with that being said, it is up to you to 'prove' the wrongful death if you are going to make such an accusation. And, that can be very difficult to do.
2006-08-25 13:40:45 · answer #3 · answered by Anonymous · 1⤊ 0⤋
There does not need to be an arrest b/c in a crimnal suit, the prosecutors must find them guilty beyond any shadow of a doubt. But in civil cases the evidence just has to be on a perponderance of the evidence - or 51% against you - to find you liable.
2006-08-25 16:18:51 · answer #4 · answered by annacashman 2 · 0⤊ 0⤋
No there does no have to be an arrest. You would have to prove they were given a substance harmful to them. If it is an illegal substance it would be easier to win your suit.
If you can prove or show that the seller or person who gave it to them willingly knew it was dangerous you could force an arrest especially if they were minors.Basically you can sue over anything
2006-08-25 13:40:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
A wrongful/negligent death suit is a civil action and doesn't require that there be an arrest.
2006-08-25 13:38:39 · answer #6 · answered by sunshinegirl 2 · 1⤊ 0⤋
You can hire an attorney and file a suit against that person,however,the burdon of PROVING the"pushers"guilt will be on your side.
2006-08-25 13:41:53 · answer #7 · answered by S.A.M. Gunner 7212 6 · 0⤊ 0⤋