What are a victim’s rights if a deceased person was involved in a conspiracey to murder them?

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What are a victim’s rights if a deceased person was involved in a conspiracey to murder them?

The deceased hired someone to commit murder but they only beat the victim up. Before the police could arrest her on a warrant she killed herself. Can the victim sue her estate and get anything, even if the person wasn’t convicted of the crime? The person that beat her up is awaiting a trail for conspriracy to commit murder.

Asked on August 17, 2013 under Personal Injury, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The victim could likely sue her estate, since there  is no requirement for a crminal conviction before suing. The victime would have to prove in civil court by a preponderance of the evidence (that is, that it is more likely than not) that the person did hire the attacker. The victim can only sue for her actual injuries (that  is, actual medical costs and lost wages; pain and suffering related to the extent of the injuries, if there some signifiant or lasting impairment or disability)--the fact that she *could* have been killed is irrelevant, since compensation is related to the harm or injuries actually done. The victim could also sue the attacker.


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