Can my husband sue the police for wrongful death? 22 Answers as of October 19, 2011
My father-in-law was shot and killed in 2002. He called 911 and was hung up on because they said he was drunk. He called again and was transferred to the EMA. You could hear a gunshot on the 911 tape. When they finally sent a unit out, the officer got out and saw that the door was cracked and the tv was on loudly. He didn't go in and called in that nothing was wrong. A family friend went out the next morning and found my father-in-law dead on the living room floor. The clothes he was wearing were returned to my mother-in-law, and they offered the gun back to her as well.Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
David F. Stoddard | David F. Stoddard
The statute of limitations for bringing such a case has expired unless you can show some reason for tolling the SOL for so many years. For example, the SOL does not run (it is tolled) for minors until they reach 18 years of age. Whether you have good case then depends on the 911 tape itself, and whether they should have known based on the tape that he was in trouble and need help. It also depends on whether getting timely medical attention would have made any difference.
Answer Applies to: South Carolina
Replied: 10/19/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Regrettably, no. The statute of limitations has run.
Answer Applies to: California
Replied: 10/18/2011
Lombardi Law Firm | Steve Lombardi
There aren't enough facts to be able to answer your question. What I would suggest is that you have an attorney review the facts with you. The one big problem I foresee is your timing. You say the death was in 2002 and this is 2011. These cases normally have a 2 year statute of limitations.
Answer Applies to: Iowa
Replied: 10/18/2011
Law Office of Jared Altman | Jared Altman
Unfortunately it's too late to sue.
Answer Applies to: New York
Replied: 10/17/2011
The Margolis Firm | Charles J. Candiano
It is tragic and frightening that your father-in-law was able to call 911, there was a gunshot in the background, and essentially, nobody responded. Unfortunately, the statute of limitations in filing suit against a municipality is one year so any action must have been brought by 2003. It's simply too late to do anything.
Answer Applies to: Illinois
Replied: 10/17/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Negligence or failure to meet the standard of care that the police should show for the safety of people forseeably affected by their actions can be a cause of action.
Answer Applies to: Washington
Replied: 10/17/2011
Law Office of Dewey N. Hayes, Jr., PC | Dewey N. Hayes
Normally, there is a 2 year limitation on such suits. The 2 year limitation may be tolled & extended sometimes depending on facts.
Answer Applies to: Georgia
Replied: 10/17/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
No liability. Suicides are hard to blame on the police unless the decedent was in their custody.
Answer Applies to: Montana
Replied: 10/17/2011
The S.E. Farris Law Firm | Spencer E. Farris
I am sorry for your loss. The statute of limitations for a wrongful death case in Missouri is 3 years. It appears the time limit on the claim has expired.
Answer Applies to: Missouri
Replied: 10/17/2011
Law Office of Mark J. Leonardo | Mark Leonardo
In all likelihood, he case would be time-barred at this point due to the statute of limitations. The only possibility of that not being the case is if facts regarding what happened just came to light. You would need to speak to an attorney. To sue the government requires that you first file a tort claim within 6 months of the wrongful act. You should speak to an attorney to relay more details and why you are now inquiring 9 years later.
Answer Applies to: California
Replied: 10/17/2011
David Hoines Law | David Hoines
In Florida the statute of limitations is either 2 or 4 years, both of which have long passed.
Answer Applies to: Florida
Replied: 10/17/2011
Andrew T. Velonis, P.C. | Andrew Velonis
In order to make a wrongful death claim on a 911 call, you have to show that the police made some instruction or assurance to him, such as "stay put, we'll be right there" and that, if they had delivered on their promise, they would have been able to prevent the death.
Answer Applies to: New York
Replied: 10/17/2011
Law Offices of Richard Copeland, LLC | Richard Copeland
The case is too old to sue for wrongful death and wouldn't have had much chance of success anyhow.
Answer Applies to: Colorado
Replied: 10/17/2011
Richard E. Lewis, P.S. | Richard Eugene Lewis
Unfortunately, based on what you are telling me, the time to bring any lawsuit has expired. Unless, your husband was a minor until the last three years.
Answer Applies to: Washington
Replied: 10/17/2011
Law Office of James L. Miller | James Miller
If the year you give is correct, 2002, then in California the Statute of Limitations has passed. In wrongful deaths against a public entity there must be a claim filed with that entity with 6 months and in some circumstances that can be extended up to a year. Nine years is way too late to file.
Answer Applies to: California
Replied: 10/17/2011
Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
I am sorry for your family's loss. Unfortunately, North Carolina has a two-year statute of limitations for wrongful death suits, so it appears from the information that you have provided that the time for filing a suit has passed.
Answer Applies to: North Carolina
Replied: 10/17/2011
Patrick M Lamar Attorney | Patrick M Lamar
I believe the statute of limitations has run.
Answer Applies to: Alabama
Replied: 10/17/2011
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
First of all, if you did have a claim, unless you filed a notice of claim within 90 days and a subsequent lawsuit within one year and ninety days, you would have been barred by the statute of limitations. I would assume the case would have been against New York City Police Department, and as a result the above parameters would be required. A notice of claim must be filed within 90 days of the incident. Secondly, not enough information has been provided. Was he shot by a perpetrator or himself or by someone else? In either case, the City would not be held accountable. They are not held to a negligence standard unless there can be established a special duty to the harmed individual.
Answer Applies to: New York
Replied: 10/17/2011
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You can sue the police for their own wrong doing, but you cannot sue for failure to prosecute someone else. Unless there is reason to believe that, had the officer gone inside, your father-in-law could have been saved, you probably do not have a case. What does the Medical Examiner say about cause of death.
Answer Applies to: Missouri
Replied: 10/17/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Consult with an estate or wrongful death attorney for specific legal advice and direction.
Answer Applies to: Indiana
Replied: 10/17/2011
