North Little Rock, AR asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Tennessee

Q: My son's death has been falsified, delayed, denied, and dismissed for 7 years. Can I sue the parties for negligence

My son was allegedly overdosed in Henderson County TN during 2013; however, the 911 call was made in another county. Since the body was in Carroll County when EMS responded, the body was taken to Carroll County at the nearest hospital. Investigation occurring simultaneously at the alleged location (Henderson) was inconsistent such that a liver temperature test was requested, but the information is inconsistent. The autopsy information was not contested, but is clearly inconsistent.

In 2013, the case was closed by DA and ruled as accidental overdose. A year later, in 2014, the case was re-opened based on several inconsistencies. Seven months later, Oct 2014, it was requested that the case be closed again by Henderson County Sheriff Dept due to no new discoveries. Later, an actual murder investigation was brought to the Memphis Juvenile Court but has not moved forward due to lack of co-operation from a material witness. The attorney stopped helping. I have a solid case.

1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Very sorry for your loss. However most of what I assume might be potential defendants had their liability barred by the Statute of Limitations long ago. It would probably be a GTLA, and even the savings Statute does not apply. I see no basis for claiming a tolling of the SOL. Your attorney should have told you of time limitations for civil actions.

Paul E. Tennison agrees with this answer

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