Cannot sleep

[Bob'sSister]

What is the name of your state? Ohio

I am not sure about asking a legal question and I have no experience whatsoever with attorneys. I am, however, totally distraught over the recent death of my younger brother and do not know where to turn if there is anywhere to turn.

From the convoluted information that I have been digging up from three of my brother's "friends," I have found out:
* My brother was intoxicated all day apparently from morning until night
* A friend bought more alcohol for him
* A party store gave said friend alcohol on credit slip in my brother's name
* Same friend left my brother alone in his apt. and said my brother stole his prescription medication although I had been told also that the medication was sold to my brother for a DVD player. My brother took an undeterminant amount of prescription tranquilizers (amount varies by teller).
* My brother went to second friend's house after receiving alcohol (and apparently ingesting medication).
* My brother drank some alcohol there and slipped off to sleep forever. This friend fell asleep also and didn't notice when he stopped breathing.
* DVD player not at brother's apartment - told by alcohol buying friend it was "lent" to him.

Now my life is a nightmare as I have lost my brother. Want "friends" to be responsible for contributing to his death.What is the name of your state?

[anyanswers]

I am so sorry for your loss. I too lost my brother. It was eight years ago and he was hit by a drunk driver, but he was also under the influence of drugs and alcohol himself.
He was over 21 and the only person responsible for his drug use and drinking , was him....

It has taken a long time for me to come to peace with his death and think about him without so much hurt/pain. I work in the mental health field and what helped me was keeping a journal.
Anytime I felt sad about his death and the pain of lossing him became so unbearable, I would write him letters ( even though I knew he couldn't recieve them so to speak) It helped, writting my feelings down really did help.

You would need to contact an attorney and see if you can hold his friends negligent in his death, but I think you only have up to a year to file a civil suit....

I understand your wanting to make someone pay for his death, but it won't make the pain that you feel go away, or bring your brother back. I felt the same way you did at first. Time does heal, it really does... Have you thought about seeing a counsler to help you deal with this? I wish you the best of luck ..... But I'm sure your brother wouldn't want to see you so consumed with anger and pain.
When you are able to heal , you will understand what I am saying.

[Bob'sSister]

Thank you. Does any legal advise come from this forum? I was under the assumption that perhaps an attorney would answer my query.

Originally Posted by Bob'sSister

Thank you. Does any legal advise come from this forum? I was under the assumption that perhaps an attorney would answer my query.

How old was your brother?

[CALIF PRO ATTY1]

Originally Posted by Bob'sSister

Thank you. Does any legal advise come from this forum? I was under the assumption that perhaps an attorney would answer my query.

My response:

Yes, it does. A sibling does not have a cause of action. A parent might, depending on his age. Definitely, his Estate would have a cause of action, and/or any children or a wife.

The problem would be finding out, under the law, whether anyone had a legal "duty" toward your brother and, if he was an adult, that we be even more difficult.

IAAL

[anyanswers]

Sorry Bob's sister- I read your post and I could empathize with you and your pain, so I wanted to let you know that you were not alone in feeling the way you do, sorry if I crossed that line.

[Bob'sSister]

My brother was 42 and had no living parents and never had a wife or children - just sisters and their children. We loved him all the more since we were all the immediate family that he had.

[CALIFPROLAW]

Originally Posted by Bob'sSister

My brother was 42 and had no living parents and never had a wife or children - just sisters and their children. We loved him all the more since we were all the immediate family that he had.

My response:

Then you received your answer. You have no "legal standing" to sue anyone.

IAAL

[Bob'sSister]

OK, although I didn't necessarily want to sue, it is hard to understand why the law delineates family members. I was hoping to press criminal charges since prescription drugs were sold.

[CALIFPROLAW2]

Originally Posted by Bob'sSister

OK, although I didn't necessarily want to sue, it is hard to understand why the law delineates family members. I was hoping to press criminal charges since prescription drugs were sold.

My response:

You couldn't "press" anything - - except a button or two. Your brother was an ADULT, and regardless of the fact that he was your brother, as an adult, he was the captain of his own ship. Unfortunately, his ship sank. This is how we keep the population under control. Your brother actually did all of us a favor. Now, if we can just get his friends to do the same thing . . . .

If there was a crime, the police authorities would be the ones who would be "pressing" charges - - not you.

IAAL

[ecmst12]

I do have to agree, though, that OP's brother was the vessel of his own destruction. I'm sure there were some other issues going on that we don't know about(or necessarily need to) that contributed to a 42 year old man drinking himself to death. But criminal negligence was not one of them. I don't think the police or DA are going to find anything worth prosecuting here. I'm very sorry for your loss and I hope your brother has found some peace.

[CALIFPROLAW2]

My response:

I gave this woman her legally correct answer a long time ago. But, she persisted with her dumbness. That's the point where I let my hair down, and when my fun begins!

42 year old responsible adults don't kill themselves with alcohol.


IAAL