Picture this - my brother dies in a terrible car accident at 5:30 am. His girlfriend of 10 months IS notified. She tells officials that he has no surviving relatives (based on a drug induced escape from reality he has created for himself). Officials 'take her word for it' and his name is released, along with horrific images of his car, on the 6 o'clock news. His ex and his 15 yr old son find out by watching the news. Son asks mom "Was that my dad?" They call me and tell me the news. Had to put funeral plans on hold waiting to have his wallet signed over. He's already been embalmed at a funeral home OUT OF TOWN. When we got him back here in town, even OUR funeral director said "If a guy is 34 yrs old, it should be assumed that he has family, whether immediate, or distant. Did the police act too quickly? 12 hrs? It sure didn't make planning the funeral easy, and I imagine it will take a real long time before the image of that crash lets up on his son's mind.
2006-10-20 18:21:25 · 14 answers · asked by suedoubleyou 2 in Politics & Government ➔ Law & Ethics
I may be wrong but I do not believe the police are LEGALLY obligated to inform family before releasing information about such incidents. I think it's done on a moral basis to spare the family of additional grief. There may be a case against the girlfriend for misrepresentation. You should, however, consult an attorney because in your case the process of final arrangement had already begun.
2006-10-20 18:35:29 · answer #1 · answered by Arturo Amante 2 · 1⤊ 1⤋
Did he have any ID on him on next of kin? If he stated the girlfriend "next of kin" ..so they notify her first. Otherwise, she should be condemned for lying that there is no other family involved, especially children! The police should have looked further into the situation.
Get a lawyer. They can tell you how to go about things from here on in.
Also, you know what they mean when they "assume" ? Tell your funeral director to talk a walk, a not a high one.
Sounds like someone's covering up something.
My sympathies to you & your family.
By the way, did you get an accident report ? Cause of death? Was this recent? Geeesh, too many questions to your question. Hire a lawyer, like people have said.
2006-10-20 18:43:06 · answer #2 · answered by hey you 5 · 0⤊ 2⤋
Don't direct your frustration and anger at the wrong individuals. The police were told that he had no surviving parents by the person that identified him. You say that his girlfriend told them this because of a drug induced escape that he built for himself. I am going to assume by that staement that he never kept in touch with his family, told his girlfriend that there was no one else while he was with her and never intorduced her to anyone. So she told police what she honestly knew. They had no reason to doubt her. The police cannot open an investigation to find immediate family members on every person that dies. The person you should direct your anger at is your brother. He presented himself as having nothing to do with his family and when he died that might be the way he wanted it. Also, if you are hurt by his death, why didn't you make the effort to contact him while he was alive? I doubt you would have a case in court.
2006-10-20 18:38:56 · answer #3 · answered by DLUVDAIMPERIAL 3 · 1⤊ 0⤋
This world that your brother created for himself unfortunately has had some serious consequences to the other people in his other life. This is no ones fault, the girlfriend didn't know and either did the police, They took her word for it because they assumed why would anyone say that in such a terrible time. What would they have to gain .
2006-10-20 18:30:03 · answer #4 · answered by josified 3 · 2⤊ 0⤋
I don't know the legality of it, but I would find an attorney that could help. That is a horrible way to find out that a family member has passed on. Especially for a 15 year old. And the girlfriend, I'd have a few choice words with her.
2006-10-20 18:29:59 · answer #5 · answered by LAE 2 · 0⤊ 1⤋
Totally legal. The newspaper has no obligation to notify anyone (that would be the government's job), and under the 1st amendment has the right to publish the information they receive.
2016-05-22 07:00:58 · answer #6 · answered by ? 4 · 0⤊ 0⤋
unethical, but NOT illegal. Sounds like you have more of a problem with this than your son will, based on what you say. Maybe you should seek professional help.....not a lawyer.....a psych. You hold the problem. Don't pass it on to the child.
You have ABSOLUTELY NO LEGAL STANDING in this situation. You can sue, but you will lose. Drop it, and move forward.
2006-10-20 20:55:23 · answer #7 · answered by MrZ 6 · 0⤊ 0⤋
You can sue the hell out of people.
I mean, firstly, it was the girlfriend's fault, but you can have the funeral home sued for not notifying you before they embalmed him.
You can have the newstation sued for releasing information without consent.
That's MONEY out of the ***. Seriously. You can get a lot with a lawyer. Don't settle for a mere 500,000, either. Go for as much as you can. You deserve it, in your brother's name.
<3
stranger.
2006-10-20 18:25:05 · answer #8 · answered by Stranger 3 · 1⤊ 2⤋
How HORRIBLE!
I'm not sure if the television stations are responsible, only a lawyer can say in your state, however, I would certainly believe his girlfriend of 10 months would be totally liable for lying.
Doesn't sound like much of girlfriend if she thought so little of his family! They should have been first on her mind!!!
2006-10-20 18:30:05 · answer #9 · answered by AdamKadmon 7 · 0⤊ 2⤋
they were wrong bad etiquette as well but u are going through considerable stress and grief why not give it a rest and review after a cooling off period if u still want the added burden of legal
fees and revenge go for it but I would forgive a mistake you could have made yourself if in their shoes .. my humble sympathy for your great loss ! death is never easy...
2006-10-20 18:44:24 · answer #10 · answered by dogpatch USA 7 · 0⤊ 1⤋