QUESTION
Can I sue the person who provoked a fight that caused someone to die?
Asked on Jun 27th, 2011 on Criminal Law - New York
More details to this question:
My grandson was involved in shooting got 85 yrs to life! No prior convictions. What happened was he was at a party and was told to leave, he did!! On his way out in the yard he was approached by three individuals one of them provoked him into a fight my grandson lost. The question is can I sue that person or persons who provoked the fight to happen? If it wasn’t for the fight, this tragedy would not of happened.
16 ANSWERS
If your grandson was convicted of this crime, then it is very unlikely that you have a valid civil suit.
Answered on Jul 11th, 2013 at 2:05 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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More information would be necessary to make an accurate determination but it does sound as though you may have the grounds for a wrongful death lawsuit.
Answered on Jul 11th, 2013 at 1:50 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They may have provoked him, but he still had the option of not engaging in it. The choice was his. You can consult with a civil firm that does a lot of ciivl suits for a second opinion, but I don't see any grounds there for a suit.
Answered on Aug 31st, 2011 at 10:13 AM
You may be able to sue only if you are a direct relative of the deceased. If you are a relative of the accused, you do not have what is called "standing" to sue.
Answered on Jul 05th, 2011 at 11:12 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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I handle exclusively criminal defense matters. I do not know the answer to your question as a lawyer and would direct you to contact a personal injury lawyer. It is my gut instinct that you would not be able to sue the provoker of the fight as each person is assumed to have free will and your grandson took steps that led to a shooting. Good luck.
Answered on Jul 01st, 2011 at 11:14 AM
Michael J. Breczinski
The answer is possibly but since your grandson was found guilty in the homicide, the case is not worth much if anything.
Answered on Jul 01st, 2011 at 10:31 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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From what you describe, the likely answer, after a murder conviction, is no. Any lawsuit would be in the name of your grandson. You may wish to check with a personal injury attorney to be sure.
Answered on Jul 01st, 2011 at 9:18 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You cant, but sure, your grandson could sue. Anybody can sue anybody for anything. Winning is entirely different. Ignoring the obvious problems that he was already convicted of the crime, and used all those facts and arguments in his defense, unsuccessfully, then wildly assuming he can win a civil case, does the defendant[s] have substantial assets to collect from to pay you back the substantial attorney fees and court costs you are going to spend?? Seriously, I would not take your money to even consider such case. Im sorry for you, but there is no case here.
Answered on Jul 01st, 2011 at 9:05 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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There is no basis for a lawsuit. Even if someone provoked a physical altercation with your grandson, it is not reasonably foreseeable that your grandson would shoot someone thus there would be no basis for holding someone else liable.
Answered on Jun 30th, 2011 at 12:23 PM
You can sue, but your chances of winning are not much better than winning the lottery. The fact is, your grandson was convicted of homicide. That alone makes your civil lawsuit close to mission impossible.
Answered on Jun 30th, 2011 at 12:07 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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Technically, you can sue the person, but it does not sound like it is likely to be successful. If there was any credible evidence that the fight was caused by the other party, then your grandson would have had a defense to his criminal charge. He was convicted beyond a reasonable doubt, so I don't think a civil suit would have any realistic chance.
Answered on Jun 30th, 2011 at 12:04 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If someone was convicted of murder or assault, you can file civil case against that person or persons. The victim is the assaulted or the family, if they died from it.
Answered on Jun 30th, 2011 at 12:03 PM
Unless you were the victim you probably do not have a claim. You cannot file a lawsuit on behalf of another adult. I'm not sure from your facts as to how the person who died may be related to you. The estate of the deceased person may have a cause of action but then there may be an issue of recovery even if they obtained a verdict.
Answered on Jun 30th, 2011 at 11:56 AM
William Guy Pontrello
This is America, you can sue anyone. what would you get? money? if there is no money involved. you won't find a lawyer to help.
Answered on Jun 30th, 2011 at 11:34 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Under the fact pattern you presented you, as the grandmother have no standing to sue on your grandson's behalf.
Answered on Jun 30th, 2011 at 11:08 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. I dont think so. That would be a one year statute of limitations. So, dont wait on this if you want to pursue it. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. We do not share a relationship as attorney and client. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general, under New York law they are: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights! I am admitted to practice in New York State. I am not licensed to practice in any other State.
Answered on Jun 30th, 2011 at 11:08 AM