Loss of a dear one to homicide is a traumatizing experience that renders families grief-stricken and in pursuit of justice. Even as the criminal justice system seeks to punish the killer, it does not offer the victim’s family direct compensation for their economic and emotional loss. This is where civil litigation intervenes.
You will discover in this article how families of murder victims can find justice in civil cases, what kind of claims they are able to file, how much compensation they can get, and with what challenges they may have to deal with when pursuing a case.
Understanding Civil Lawsuits After a Murder
Civil lawsuits differ significantly from criminal cases. In a criminal case, the government prosecutes the offender to determine guilt and impose punishment, such as imprisonment. In contrast, a civil lawsuit is filed by the victim’s family to seek financial compensation for the harm they have suffered due to the wrongful death.
Key Differences Between Criminal and Civil Cases
- Burden of Proof: Criminal cases require proof “beyond a reasonable doubt,” while civil cases only require a “preponderance of the evidence.”
- Parties Involved: The government prosecutes criminal cases, while the victim’s family (plaintiffs) files civil lawsuits.
- Outcome: Criminal cases may result in jail time or fines for the defendant, while civil cases focus on monetary compensation for the plaintiffs.
Famous Example: The O.J. Simpson Case
The O.J. Simpson case is a well-known example of the difference between criminal and civil cases. Simpson was acquitted of murder in his criminal trial but was later found liable for wrongful death in a civil lawsuit filed by the victims’ families, resulting in a multi-million dollar judgment.
Types of Civil Claims Available to Families of Murder Victims
Families of murder victims can pursue several types of civil claims, depending on the circumstances of the case:
1. Wrongful Death Claims
A wrongful death claim is the most common type of civil lawsuit filed by families of murder victims. This claim seeks compensation for the financial and emotional losses caused by the victim’s death.
Damages in a Wrongful Death Claim:
- Funeral and Burial Expenses: Costs associated with laying the victim to rest.
- Loss of Financial Support: Compensation for the income the victim would have provided to their family.
- Loss of Companionship: Compensation for the emotional impact of losing a loved one.
- Mental Anguish: Damages for the emotional suffering caused by the loss.
2. Survival Actions
A survival action allows the victim’s family to recover damages for the pain and suffering the victim experienced before their death. This claim is brought on behalf of the victim’s estate.
Damages in a Survival Action:
- Medical Expenses: Costs for any medical treatment the victim received before death.
- Pain and Suffering: Compensation for the victim’s physical and emotional pain.
- Lost Wages: Income the victim would have earned if they had survived.
3. Negligent Security Claims
In some cases, the victim’s death may have been preventable if a property owner or business provided adequate security. Families can file a negligent security claim against the property owner, landlord, or business where the murder occurred.
Common Negligent Security Situations:
- Lack of security cameras in high-risk areas.
- Failure to provide adequate lighting in parking lots.
- Failure to hire or properly train security personnel.
4. Claims Against Third Parties
In some cases, families may be able to hold third parties accountable for the victim’s death. Examples include:
- Employer Liability: If the perpetrator was acting within the scope of their employment when the murder occurred.
- Social Host Liability: If the perpetrator became violent due to excessive alcohol served at a social gathering.
Who Can File a Lawsuit on Behalf of a Murder Victim?
The right to file a wrongful death lawsuit varies by state, but it typically includes:
- Spouses: The surviving spouse of the victim.
- Children: Biological, adopted, or stepchildren.
- Parents: The victim’s surviving parents.
- Siblings: In some states, siblings may have the right to file.
- The Victim’s Estate: Through a designated representative.
State Laws Vary
It is essential to understand that state laws determine who can file a wrongful death or survival action. In some states, only immediate family members have the right to file, while other states may allow extended family or even domestic partners.
How to Prove Liability in a Civil Lawsuit for Murder
To succeed in a civil lawsuit related to a murder, the family must prove that the defendant is legally responsible for the victim’s death. The standard of proof is lower than in criminal cases, but the following elements must generally be established:
- Duty of Care: The defendant had a duty to act reasonably to prevent harm.
- Breach of Duty: The defendant failed to fulfill this duty.
- Causation: The defendant’s actions directly caused the victim’s death.
- Damages: The family suffered financial and emotional losses.
Real-World Example
A hotel fails to provide adequate security, resulting in a guest being attacked and killed on the property. The victim’s family files a wrongful death lawsuit against the hotel, claiming negligent security. If they prove the hotel’s failure caused the death, they may receive compensation.
Potential Defenses Used by Defendants
Defendants in a civil lawsuit for murder may raise several defenses, including:
- Self-Defense: Claiming that the killing was justified.
- Assumption of Risk: Arguing that the victim voluntarily placed themselves in a dangerous situation.
- Comparative Negligence: Claiming that the victim’s actions contributed to their own death.
Compensation for Families of Murder Victims
The compensation awarded in a civil lawsuit depends on the specific circumstances of the case, but it may include:
- Economic Damages: Such as lost wages, funeral expenses, and medical bills.
- Non-Economic Damages: For pain, suffering, and emotional distress.
- Punitive Damages: In cases of extreme misconduct, the court may award additional damages to punish the defendant.
How Compensation Is Distributed
In most states, compensation is distributed based on the relationship of the family members to the victim. Spouses and minor children typically receive priority, followed by parents or siblings.
Steps for Filing a Lawsuit for a Murder Victim
If you are considering filing a lawsuit for the death of a loved one, here are the general steps to follow:
- Consult with an Experienced Attorney: A lawyer can assess your case and explain your options.
- Gather Evidence: Collect police reports, witness statements, and any other relevant documents.
- File the Complaint: Your attorney will prepare and file the lawsuit with the appropriate court.
- Participate in Discovery: Both parties exchange evidence and question witnesses.
- Negotiate a Settlement: Many cases settle before going to trial.
- Go to Trial (If Necessary): If a settlement cannot be reached, your case may go to trial.
Why Hiring an Experienced Attorney Is Crucial
Filing a civil lawsuit for the wrongful death of a murder victim can be legally complex and emotionally overwhelming. An experienced attorney can:
- Investigate the Case: Identify all potentially liable parties.
- Calculate Damages: Ensure you seek fair compensation for your losses.
- Negotiate with Defendants: Pursue a settlement or prepare for trial.
- Provide Emotional Support: Guide you through the process with compassion.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
