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Suing for a Wrongful Death in a Murder Case
An individual that murders someone is taken to court for a trial to determine whether or not they are guilty or not guilty. More often than we realize, individuals end up getting off the hook due to the mishandling of a case or their case having a better message. While it may be painfully obvious that the individual did in fact murder a family member or a friend, they may walk. However, this is where justice can be faithfully served even if the individual does walk.
You are within your rights to sue an individual for wrongful death in a murder case. The most famous case of this happening was whenever OJ Simpson had his charges of murder dropped after winning his case. However, the family of the victim took him to civil court where he was fined and had to pay $25 million in damages. Suing for a wrongful death gives the family compensation for the loss of life. However, there are a couple of things to consider in the event of suing for wrongful death.
What is a Wrongful Death?
Wrongful death is oftentimes defined as a death that has happened from an individual person or a group of people. Wrongful death can be caused by intent to murder by a group or individual and oftentimes they occur due to negligence towards the individual who will become the victim. This most often happens in the workplace although cases like these have been seen in other places such as nursing homes and other forms of caretaking. Wrongful death can leave a lifetime of pain and grievances behind for the family of the victim. Fortunately, justice can be served in the event that a wrongful death occurs in your family and you wish to take legal action against the person or persons involved in this crime.
The Seizing of Assets
Imagine for a second that you have sued an individual who murdered a family member of yours and he or she got their initial murder charges dropped. You take this individual to court and they lose the civil case and are forced to pay for damages. More often than not, the individual who committed the wrongful death will not have the money to cover the damages that the family and their legal team are asking for. In this case, whatever assets the murderer has will be seized, their bank accounts frozen and any extra income they have will be redirected toward the family to pay for damages. However, if they truly have nothing to their name they cannot give any money to the family. This is the problem that oftentimes follows whenever you sue for wrongful death.
Reasons for Suing for a Wrongful Death
Suing for wrongful death is more than just wanting to collect income for their grievances. It is done in order to provide the family with resources to provide:
- A proper burial and funeral expenses for the victim
- Handling of estate and finances that may have been cut off due to the death of the victim
- Loss of consortium
These reasons alone are ample enough to bring forth a just cause against the individual who murdered your family member.
Who is Eligible to Sue?
Under most state laws, these are the individuals who are eligible to sue on behalf of the murder victim:
- The victim’s spouses
- Any domestic partner
- Their surviving children
- Any grandchildren
- Anyone who would gain access to their property in the event of the victim’s death
Statute of Limitations
Knowing the statute of limitations is important if you wish to file a case in a timely manner. Waiting too long could have detrimental effects for your case and it may be too long after the incident to sue if enough time passes. Most states allow the individual to sue two years after the date of the wrongful event or just six months after the victim’s murder. This means that you need to take immediate action to seek justice whenever a wrongful death has occurred in the family and it is caused by another individual.
Seeking Justice When it is Demanded
Finding a legal team that can work with you whenever a loved one dies due to wrongful death is the most guaranteed way to serve justice. Though they may walk for their murder case, a civil case is where justice can be served to the individual or individuals who caused a wrongful death. Use this information to your advantage and find a legal professional who can help you overcome these hardships today by providing expert legal action and advice. Call an attorney that handles wrongful death cases.