wrongful death a possibility?

[lilbeechy]

What is the name of your state? Kansas.
My husbands brother was murdered in a different state, and my husbands family is thinking about a wrongful death suit. I think it is a good idea, but they are unsure about how to do it and how much it will cost. Any advice here would be super.

 

[rmet4nzkx]

I'm sorry for your loss, but we need some facts.
in what state did the murder occur? When?
Did your BIL have a will?
Who is next of kin? Spouse? Children?
Have you consulted an attorney in that jurisdiction?
Does the accused have any assets?

 

[lilbeechy]

facts

OK, I wasnt sure how much to put into this, but I will answer all you have asked for.
Idaho May 7th.
No he did not have a will, no wife or children. He was 32 and his dad was his next of kin.
We have not talked to anyone but the prosecuting atty. And no, I am sure this man that killed him has nothing. I will not resort to name calling here, although I really want to.

 

[rmet4nzkx]

OK, I wasnt sure how much to put into this, but I will answer all you have asked for.
Idaho May 7th.
No he did not have a will, no wife or children. He was 32 and his dad was his next of kin.
We have not talked to anyone but the prosecuting atty. And no, I am sure this man that killed him has nothing. I will not resort to name calling here, although I really want to.

What have I done to you for you to want to call me a name? No one here can advise you without facts, nor can we be responsible for the lack of assets the accused has.
Have your FIL consult a personal injury attorney in Idaho, if he is not in Idaho, he may be able to do this by phone. The attorney can advise him of his options, however if the accused has no assets or is not an agent for someone else who might also be responsible legally, while there could be a winable case, if there is no chance of recovering a settlement, the lawsuit could cost your FIL more money than it is worth but the lawyer might be able to find some assets. Your family may have to settle for justice only from the prosecutor's office.

 

[BelizeBreeze]

What have I done to you for you to want to call me a name? No one here can advise you without facts, nor can we be responsible for the lack of assets the accused has.
Have your FIL consult a personal injury attorney in Idaho, if he is not in Idaho, he may be able to do this by phone. The attorney can advise him of his options, however if the accused has no assets or is not an agent for someone else who might also be responsible legally, while there could be a winable case, if there is no chance of recovering a settlement, the lawsuit could cost your FIL more money than it is worth but the lawyer might be able to find some assets. Your family may have to settle for justice only from the prosecutor's office.

she was talking about the guy who killed the brother. dingbat

 

[lilbeechy]

not you...the man that killed my bil is nothing but scum, into drugs and all that, and has nothing...he had nothing to loose by killing him, and it is still new enough that I dont think very highly of him, and really hate to even call him the MAN who killed my bil. He is not a man, but I will not continue with what I think he is.
I know that he lived in a smaller town about 100 miles from Boise with his mom or parents, and I would think that since he didnt even have a car that finding anything for him to call assets would be very hard if possible at all.
Thank you for your help, we are just now back home and trying to get life back to normal, but this is still the first thing on our minds. Our son (8) is having a really hard time with this and I want this man to pay for what he did. I can see your point about the cost.

 

[rmet4nzkx]

she was talking about the guy who killed the brother. dingbat

You know how it is, we get yelled at for asking basic questions, I know they were refering to the accused, but just in case they weren't

 

[rmet4nzkx]

not you...the man that killed my bil is nothing but scum, into drugs and all that, and has nothing...he had nothing to loose by killing him, and it is still new enough that I dont think very highly of him, and really hate to even call him the MAN who killed my bil. He is not a man, but I will not continue with what I think he is.
I know that he lived in a smaller town about 100 miles from Boise with his mom or parents, and I would think that since he didnt even have a car that finding anything for him to call assets would be very hard if possible at all.
Thank you for your help, we are just now back home and trying to get life back to normal, but this is still the first thing on our minds. Our son (8) is having a really hard time with this and I want this man to pay for what he did. I can see your point about the cost.

Well have your FIL consult an attorney in Idaho, perhaps all is not lost insofar as assets, you never know, maybe the accused was on probation and released in custody of parents who might have assets but at least you wil know that the attempt was made. Perhaps your family might seek some grief counseling, sometimes there are programs for victims of crime, check with the prosecutor's office or this link re this. www2.state.id.us/iic/Crimevictims.htm

 

[lilbeechy]

I will do that, thank you for your time. I know that time will make alot of the bad feelings go away, but it is so new, that I would like to strangle him with my bare hands. I feel like there is nothing I can do to make this better, make this better for anyone. I try not to be a control freak, but I hate this feeling, of not being able things easier.

 

[lilbeechy]

And, the CVU in Idaho has hooked us up with everything we will need for counciling and stuff like that, they have been really good to us.

 

[rmet4nzkx]

And, the CVU in Idaho has hooked us up with everything we will need for counciling and stuff like that, they have been really good to us.

Your feelings are natural and expected, counseling will help.
I am glad you were at least able to get some assistance for counseling, time will help as well.