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wrongful death #2

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modo

Junior Member
in a wrongful death case, would it matter to jury or case that deceaseds adult child began using drugs as a means of "coping" ? A friends parent was killed in a car accident & the other driver was found guilty for failure to yield to oncoming traffic. He ( my friend) has been devastated by this and has began to use drugs. Will this hurt his case? Help his case? Or does it even matter?

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Shay-Pari'e

Senior Member
modo said:
in a wrongful death case, would it matter to jury or case that deceaseds adult child began using drugs as a means of "coping" ? A friends parent was killed in a car accident & the other driver was found guilty for failure to yield to oncoming traffic. He ( my friend) has been devastated by this and has began to use drugs. Will this hurt his case? Help his case? Or does it even matter?

And your friend is going to tell the courts, that he is stupid and an addict? Get real.
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rmet4nzkx

Senior Member
If your friend is claiming psychological damages it will be an issue, their attorney needs to get their client a psych eval in part to prove when the drug use began.
 
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modo

Junior Member
I want to thank rmet4nzkx for the knowledgeable legal answer I was looking for. I am not sure what his atty is claiming really, but anyone who knows him can tell that he is still, almost a year later, not himself.
My friend "dabbled" in the drugs in college, but he was never in any trouble or rehab or anything. So i am assuming that would make it even more difficult to prove that his use was caused by this? How would psych damages affect his case? I'm sorry if that sounds like the question originally asked, I just dont know how else to put it.
 
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weenor

Senior Member
modo said:
I want to thank rmet4nzkx for the knowledgeable legal answer I was looking for. I am not sure what his atty is claiming really, but anyone who knows him can tell that he is still, almost a year later, not himself.
My friend "dabbled" in the drugs in college, but he was never in any trouble or rehab or anything. So i am assuming that would make it even more difficult to prove that his use was caused by this? How would psych damages affect his case? I'm sorry if that sounds like the question originally asked, I just dont know how else to put it.
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Psychological damage to a relative is probably not recoverable in a wrongful death case because it is the estate asking for damages. It depends on what the lawyer put into the complaint and whether alleged some other cause of action on behalf of the son.
 
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