Grief and the Court System A place to share your feelings about manuevering the court system after the loss of a child.
#1
Posted 22 July 2008 - 07:36 AM
Thanks for your patience.
Dawn
Beyond Indigo
#2
Posted 01 July 2008 - 03:12 PM
Take care,
Dawn
Beyond Indigo
#3
Posted 22 October 2007 - 11:04 AM
Firstly the Coroners Court. Micheal died at the home he shared with his partner and their child. Resus by Paramedics failed to revive him. He suffered with degenerative cartilage and bone disease and had a pacemaker fitted to correct arrhythmias of is heart. He underwent corrective surgeries and over a number of years suffered with depression. He was medicated for both the pain and the depression. In December 2006 he separated from his partner for a short period,
He returned home to us and was finally getting a hold on his depression and physical recovery. He returned to his partner 12 Jan 07 and died 18 Jan 07. The Coroner was called and requested and investigation. Police interviewed his partner and her mother, Paramedics at the scene (my husband) and myself. In her statement his partner said she saw him at 9am, didn’t think he was breathing, but went off to her folks house (on the same property) for breakfast. Came back 9.30am and still wasn’t sure if he was breathing so went to get her folks to check!
The Coroner wrote to us saying he had enough to make a finding, unless we had other evidence! I wrote pages on who Micheal had spoken to at 2am that morning and why they needed to speak to this person. It was his partners sister! I wanted to know why his partner wasn’t required to explain the delay in calling 000 (911). Many people that knew Micheal and spoke with him in the later part of 06 and the early part of 07 were shocked that he had died! We are still waiting for the Coroner to consider the further information provided by myself and those who want to know exactly what happened.
It really sucks that this person (his partner) was unsure he was okay and waited over 35mins to contact Paramedics. Even if it is proven that she knew he was dying no criminal charges can be laid. Apparently there is no law to say if you find someone isn’t breathing you need to do anything at all! To take her to Civil court and prove her guilty of any moral crime will only serve to deplete her financially and as she is my granddaughters mother, it comes back to affect her more.
Next is my supportive employer. I worked that day in January as an Emergency Medical Dispatcher. I watched as the job came in and stayed with the calltaker while she attempted resus over the phone prior to the Paramedics arrival. She was devastated when she realised it was my son. I took her for a coffee while we waited for the resus to continue. I returned to the communications centre to be told my son had not responded. I tried to return to work one month later but could no longer perform my duties. The memory of Micheal dying on the screen before my eyes fresh and the pain still raw. But no my company have said I wasn’t technically working. I was not taking the call nor was I dispatching ambulances! So to Court we go. Advised by my Doctors who believe this is clearly Post Traumatic Stress. I have not worked in over 9 months.
With each saga comes the agony of reliving the nightmare that continues. We have no contact with our Granddaughter and have been told through solicitors that Micheals partner will fight us through Family Court to prevent any of Micheal’s family from accessing his daughter. Yep another Court another cost that we cannot afford.
To those who control the outmosphere I would like for the following -
For Micheals memory to be honoured by his death to be finalised with a finding that indicates persons unknown or unidentified caused his death by either over medicating him or by their inactions.
My company to apologise for their lack of empathy and compassion towards me and inturn my family for the past 9 months of torment.
For my heart to ache, my tears to flow and my son to be mourned without the encumbered process of Coroners, Magistrates and Family court actions.
For my baby Granddaughter to know in her heart that her dad though gone touched her soul albeit briefly and to this day she is love from beyond the earthly bounds.
For my energy be saved to continue with the family and the life Micheal has left and never wane.
Thanks for letting me vent - It really is therapeutic and cheaper than a shrink!
#4
Posted 28 June 2007 - 01:49 AM
I am very sorry for being scarce, I have been extremely busy, then must have just gotten to the point where I didn't need this forum as I used to, I also found that when I visited too often it brought me down again. So, I found...FOR ME...it wasn't as healthy as it used to be.
I am very sorry for not being available when you needed to talk, and if you still need an ear I will check in a bit more for a while...if all else fails, I believe my email is available if you look up my profile.
Take care,
Denise
#5
Posted 28 June 2007 - 01:41 AM
Quote
Bars regularly shut down because they are sued by families who have loved ones killed after they visit the establishment. Private individuals who have parties or celebrations in their own homes are also often sued if there is an injury or death subsequent to the party.
The only reason I ever spoke with a legal firm in the first place was for help in applying for an investigation by the Coroners Office into why my son never received any form of rescusitation, even though fire, police and ambulance were on the scene in less than 15 minutes after the crash. It was only after we discussed this matter that the gentleman mentioned we should consider suing the bar Tom was drinking at. Here in Ontario, like I said, this is just an "ordinary" thing to do.
Settlements in these cases are extremely modest. The courts have put strict limitations as to monetary compensation. The amounts are really quite small. People do it more to make the point that the law states servers are accountable for their actions when it comes to the serving of alcohol to patrons.
Tomsmom...I am so sorry to hear of your loss, no matter the cause, losing a child is hardest thing a parent could possibly go through. I would imagine that you also have feelings of anger and such due to the fact that your son did something that harmed himself, and could have harmed others. Please, I am not trying to preach, just trying to state the fact that there are other feelings a parent in your position must be going through...beyond what parents that lose a child from other causes go through...my heart truly goes out to you.
As for filing a suit against the bar in question, as you said earlier, you are not in it for the money, and to be perfectly honest, when you are done with the suit, it is very possible you would receive nothing and owe money to the the lawyers instead.
The ONLY reason we filed a suit against the RR was to hurt the RR, it wasn't for the money for us either, it was to make a ver LOUD statement. As time has passed (we are 4 years into our law suit) I find that it was very possible to make a louder statement by not filing the suit, but by trying to change laws and hold the RR accountable in other ways. Our problem with doing this however, is that we are very busy with work and trying to get through our grief that it would have most likely never happened. Going through a law suit is very painful, but I feel that it was also theripudic, it gave us a place to direct our anger and grief.
The choice of filing a suit is completely your own, but keep in mind that it could possibly be helpful to you, in ways other than money, and if the money you receive truly isn't needed or wanted you could use it for a good cause, such as; trying to make tougher laws against the bars serving the drinks...just some thoughts for you. And again, I am so terribly sorry for the loss of your son.
Denise
#6
Posted 17 June 2007 - 01:11 PM
Bars regularly shut down because they are sued by families who have loved ones killed after they visit the establishment. Private individuals who have parties or celebrations in their own homes are also often sued if there is an injury or death subsequent to the party.
The only reason I ever spoke with a legal firm in the first place was for help in applying for an investigation by the Coroners Office into why my son never received any form of rescusitation, even though fire, police and ambulance were on the scene in less than 15 minutes after the crash. It was only after we discussed this matter that the gentleman mentioned we should consider suing the bar Tom was drinking at. Here in Ontario, like I said, this is just an "ordinary" thing to do.
Settlements in these cases are extremely modest. The courts have put strict limitations as to monetary compensation. The amounts are really quite small. People do it more to make the point that the law states servers are accountable for their actions when it comes to the serving of alcohol to patrons.
#7
Posted 17 June 2007 - 11:27 AM
#8 Guest_Guest_*
Posted 17 June 2007 - 03:31 AM
I am brand spanking new here. Would like to pose a question:
I don't want to get into all the details here, but a synopsis: On July 14, 2006, my 22 year old son, Tom, died in a car accident. He was a drinking driver. Not belted, he lost control of his fathers vehicle, smashed into a tree, was ejected, and drowned in less than 2 feet of ditchwater. His girlfriend was in the car, but was not hurt. Naturally, I have many, many issues. But, the one I wish to ask for feedback on is this: A legal firm is advising me I should sue the bar where Tom and his friend's had been drinking prior to his death. This is because there was a 45 minute argument in the parking lot between Tom and his girlfriend, who refused to get into the car with him driving. Twice he left the parking lot, leaving her sitting there. He kept coming back for her. Finally, she convinced him to hand over the keys and they left for home. Unfortunately they argued in the car, and ultimately, Tom ended up at the wheel less than 3 minutes from home, and crashed the car. The lawyer is saying that the bar must have known of the altercation in the parking lot, and should have called police or made some attempt to intervene. I just don't know if this is right. My son's death is excruciating. I do not want money from anyone, a financial settlement seems like a joke to me in the wake of losing my boy. Plus, I really don't think blaming others for his own bad judgement is ethical. I am a huge believer in taking responsibility for one's own actions, although the lawyer is saying the bar has a legal obligation to prevent such situations from happening. Just looking for other's opinions. Thanks.
#9
Posted 14 June 2007 - 04:04 PM
Iam so sorry to hear to hear your having a hard time. Death can change a families life forever. It it is so scary and sad but just know alot of people care about you and are pulling for you. I been told things happen for a reason but I don't what the reason is. But I know there are alot of good people in this world and some bad but the good out way the bad. Things have to get better in our lives because they can't get any worse. Take care of yourself.
#10
Posted 11 June 2007 - 10:47 AM
There is so much going on that I can hardly keep straight with what is going on with Will and the divorce separate....
WillsMom~~Allysom
#11 Guest_Guest_*
Posted 06 May 2007 - 08:48 AM
These stories are not exclusive to death as loss can include those who have moved away from us either physically or emotionally. We are NOT seeking stories relating to the loss of jobs, homes or other personal property.
Painful memories when shared in a safe environment can often be soul healers so we hope you'll take the time to share with our understanding group.
When replying, please include your first name, age and the subject of the loss on the subject line:
i.e. LOSS OF PARENT or LOSS OF CHILD, etc.
Please fill out a survey here:
http://www.zoomerang...=WEB226E49J9JZG
-OR-
Send your responses to:
tablebook2007@yahoo.com
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http://groups.yahoo..../tablebook2007/
Many thanks,
#12
Posted 03 May 2007 - 11:37 AM
And when you talk with him I would have the knowledge of whether I can/will go after him on a civil case and let him know it, IF you can tag him in civil court, I would. I mean, let him know you are going nowhere and will fight for your son and his wrongful death. Check all avenues before you just let this go.
I will shut up. Please know that I am glad to hear from you and wish you and your family the resolution(s) you need; and my your boy rest in peace. Losing a child is total misery, but fight for his memory.
WillsMom
#13
Posted 01 May 2007 - 04:11 PM
Thanks for trying to help me. But the court system seems to favor the criminal not the victim. We were thrown for a big loop when we meet the DA the last time. The first time we meet the head DA told us if the drunk that killed Jerrod got a sentence of ten years he would serve 8 and half. Anything less then that would be half the sentence imposed. So if he gets 6 years he serves 3 good behavior overcrowding ect.But now all the sentencing in Calif. are changing something to due with Cunningham law don't quite understand that law. The guy that killed Jerrod is pleading gulity and is getting sentenced for 10 years but now only serves 5 or less.I don't know if this makes since to you but it doesn't me either. It is just sick. On May18th he is actually going to be sentenced and we get to talk and say how we feel about him and the sentence. No matter how much I don't like the guy and how he wrecked my life I would never wish this hell he has put us through.
#14 Guest_Guest_*
Posted 21 April 2007 - 04:57 AM
I want his memory kept alive forever. The brutal murder of this little boy touched my heart. It has saddened me to no end and i just felt like i wanted everyone to help me keep his memory alive so please visit his website and light a candle for this precious little angel!
http://elijah-simpson.memory-of.com/
#15
Posted 19 April 2007 - 02:01 AM
I wish you luck, and would start questioning and gathering info. Police reports, statements, etc. If the police will not question the boys, I would do it myself...with a tape recorder or hand written notes. Check and see on the net if your state allows you to tape record a conversation w/out the other parties knowledge...some states will allow this in court and others will not, unless the other party is aware you are taping them. I live in a state that allows you tape a conversation w/out giving notification to the other party. Be sure your state is one of those, or it is of no value to your situation.
Good Luck and God Bless, your beloved Jake.
WillsMom
#16 Guest_Guest_*
Posted 18 April 2007 - 03:59 AM
#17
Posted 19 March 2007 - 02:00 AM
I know you are hurting deeply and I relate to all of your feelings, but it helped me alot to put all my anger into finding out every possible answer, outlet, and background information I could. I would obtain a copy of your son's medical records, police reports, etc., anything that will help your lawyer build your case, and it will also save him the time of doing all these things himself. I practically prepared my son's case, my attorney just had to verify and take the legal action I could not, due to the fact that I am not an attorney and have never been involved in a lawsuit. Try and channel your anger and pain into your situation, it helped me. The sadness and pain was always there, but I felt like I was helping Will, by fighting for the life he lost due to sheer negligence. I wish you only the best.
Also, try and rest, pray, and know or have the faith to know he is okay, and safe and you will see him again. There is another site you might find helpful and it is called: www.aplacetoremember.com~~there maybe someone there that can also help answer some of your questions, and help with the pain and the need to vent that we all have. Everyone there is kind and thoughtful and knows exactly what your are going through.
Again, I wish you peace and resolution in your case and I will pray for you and your boy.
Take care and know if I can help you in any way, I will.
WillsMom~~Allyson
#18
Posted 18 March 2007 - 05:57 PM
Thank you for reaching out and trying to help me. MADD is a good organization but unfortunately they really don't have a close representive in my area. A very nice lady from madd has been trying to help us. When my son first died someone asked me if I may want to head up madd in this area. Maybe when this is all over. Somedays I just have a hard time getting out of bed. Still hoping to wakeup from this nightmare and everything will be back to normal. Jerrod coming home and giving me a hug. Like most of us here. Someone told me the court case will go on even if I am there or not. I know that but I will be there for Jerrod even if it is a minute or another delay. I am trying to educate myself on the different laws. Someone mentioned the Courtney Law now to me. Thanks
#19
Posted 16 March 2007 - 05:35 AM
As for the Watson Law, I found nothing on the net. It must deal only with your state.
I wish you the best of luck. You are in for not only grief, but the legal system.
With Deepest Sympathy,
WillsMom
#20
Posted 15 March 2007 - 08:04 PM
If any one can please give me some information about there experience with a drunk driver in the court system. My son was killed by a drunk 4months ago. MADD has contacted us but are court case seems to get delayed. Are any of your familiar with the Watson Law? All I know it seems the court system seems to favor the criminal. My son was just 18 and 5 minutes from home. The drunk was 3 times over the limit and drove ten miles on the wrong way. Life just sucks. I miss him so so much. I can't understand how someone can plead not guilty and on bail for the longest time. Sometimes I feel like I am going insane.
Thanks

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