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Blogs 2021 April Can You File a Wrongful Death Lawsuit Against a Convicted Murderer?
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Can You File a Wrongful Death Lawsuit Against a Convicted Murderer?

Posted By Law Office of James M. Stanley || 13-Apr-2021

Murder is a horrific act. One person ends the life of another, and the victim’s family is left to grieve the loss of their loved one.

Criminal court exists to punish people who have broken society’s laws. Murder is one of the most egregious crimes, and it is charged and sentenced as such. There is emotional satisfaction when families see the killer sent to prison, but what happens after the trial? Justice has been served, but there may be pragmatic, real-world problems left unresolved. Perhaps the deceased was the breadwinner in the home, and now the family must decide how to rebuild. When you need financial help from the loss of your family member, you can sue a convicted killer for wrongful death.

What Is Wrongful Death?

Civil court resolves financial matters between individuals. Most often, these trials are personal injury cases, where one person’s negligence caused harm to another. The person who was harmed can file a lawsuit to seek financial compensation, called “damages.”

Wrongful death lawsuits are a kind of personal injury suit. When someone’s actions caused a death, representatives of the deceased can sue on the deceased’s behalf. In the eyes of the law, murder is a crime committed with “intent.” In a civil court, murder is a lawsuit based on a “tort.”

Torts

When someone intentionally harms another person, that act is illegal and should be handled in a criminal court. If convicted, the guilty party serves a criminal sentence: fines, community service, probation, jail, etc. A tort, by contrast, is penalized with financial damages. The defendant, when they lose, must pay a sum of money to the plaintiff.

For a tort to be successful, Texas demands that you show a direct financial loss. In a wrongful death case involving murder, you must prove to the court that loss of your loved one directly impacted you economically. There are a number of ways this is possible.

Perhaps the deceased spent some time in the hospital before they passed, and the medical cost was steep. This is one way you can show financial impact. Another possibility is showing how the death changed the household income. You can also demonstrate how your relative’s passing affected future earnings. Perhaps they were on the verge of a new promotion at work; or maybe they had just finished their degree and had some promising job interviews. Now that they are gone, those financial opportunities have gone with them.

Winning a Wrongful Death Lawsuit

Winning a wrongful death lawsuit is very different from a criminal murder conviction. In criminal trial, the prosecution has a responsibility to prove “beyond a reasonable doubt” that the defendant is guilty. The jury must be certain that the defendant committed the crime in question.

In a wrongful death tort-related lawsuit, there need only be a “preponderance of evidence” for the plaintiff to win. Put simply, the court needs only 51% certainty that the defendant committed a “wrongful act.” This is especially easy to prove if the defendant has already been criminally convicted of murder.

The “Litigation Proof” Defendant

If you want to sue someone who was convicted of murder, you must consider their present situation. Unless they were already financially secure going into prison, they may have nothing to offer in a civil suit. Inmates can find it hard to secure a job in lockup, and they are paid next to nothing when they do. With no income and no financial cushion waiting for them, they may be “litigation proof.” Even if you sue them and win, they may not have the means to pay the damages.

Prisoners can also be hard to locate. They are often moved to different facilities. Even when they are found, getting the prison to clear the inmate for a court appearance can be covered in legal red tape.

If you wish to sue a convicted killer for wrongful death, talk to a lawyer. They can investigate the situation and see if the defendant will be able to pay. They can also look at where the convict is held and strategize with you. This will help you decide if pursuing the case is a viable option.

We are here to assist in a wrongful death lawsuit. Consultations are free, and there is no risk in speaking to us. You can contact us online or call us at (817) 591-4222.

Categories: Wrongful Death

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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* James Stanley is the only attorney of the Law Office of James M. Stanley that has been inducted into the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum

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