Can the family member of a deceased relative file a wrongful death suit?

Question

If I wanted to after the West Memphis Three for a wrongful death suit since they plead guilty, would it be worth it? Since the West Memphis Three plead guilty to murder, can a mother of one of the boys that were killed, go after them for a wrongful death suit?

Timothy Klisz · Answer

Absolutely yes. The estate would have the case.

Reza Torkzadeh · Answer

Depends on the relationship of the relative to the deceased.  Need a lot more information to properly answer your questions.

A. Woska · Answer

Well certainly out law will allow anyone to file a suit against anybody.  The real question is how would any of those boys in prison ever be able to pay one dollar to any judgment you obtain against them.  Contingency fee attorneys paid "only if there is a recovery" are normally not interested in wasting their time or their money for fees and expenses unless there is a recovery likely. If a contingency fee lawyer is willing to go after those three men, the lawyer may know of a recovery asset.

Gregory Casale · Answer

The executor of the estate would have to bring the suit and the decision as to whether or not it is worthwhile depends primarily on whether or not the defendants have any money or assets. If they do not, it is unlikely that a lawyer will spend the time and resources to pursue a case where there is little likelihood of a payday. If you are doing it for moral reasons and don't care about the money you would also have to find a lawyer willing to take it knowing that the only payment may be personal satisfaction and possibly publicity. In any event, those would be the things to consider in making a decision to pursue this or not in my mind.

Josh Lamborn · Answer

Yes, a family member may file a wrongful death lawsuit.  Most jurisdictions require that there be a personal representative appointed to represent the estate and then that personal representative files the lawsuit on behalf of the estate of the deceased.  However, most, if not all jurisdictions, also have statutes of limitation on wrongful death lawsuits.  In Arkansas the statute of limitations on wrongful death lawsuits is three years from the date of death (Ark.Stat.Ann.  27-907).  Your lawsuit would have to have be commenced within 3 years of 1993.  However, I recommend that you talk to an Arkansas personal injury attorney that specializes in wrongful death lawsuits because sometimes there are exceptions to the statutes.  For example, in Oregon we have a statute that extends the statute of limitations to 5 years for compensable crime victims.   Since I do not practice law in Arkansas you should definitely check with a lawyer in your jurisdiction before ruling out a lawsuit.

Jared Altman · Answer

Yes. You can sue. But how would you collect?

Earl Straight · Answer

In Texas, only a surviving spouse, children or parents of the deceased may bring a wrongful death claim.  The statute of limitations is normally two years from the date of death, although there are some exceptions.  Whether it would be worth it is another matter.  Winning a lawsuit and collecting money are two very different things, especially if the defendant does not have many assets.

Thomas Bulman · Answer

Unlikely due to the passage of so much time, however, the state law would decide whether a claim could be brought.  Whether allowable are not, collecting damages would be unlikely.

William Allen · Answer

Yes, you can pursue them, but you want to be sure there is a chance at recovering something.  I'm very sorry for your loss.  As a father of three boys, I pray you never suffer like this again.

Paul Whitfield · Answer

The answer is: certainly. However, your problem is that there is no insurance to cover murder and you will get a large judgment against 3 dudes who have nothing and probably will never have anything and may spend the rest of their lives in jail. So... to what purpose would you sue them?

Andrew Myers · Answer

There are several layers to your answer.  Only the executor of an estate holds the right to bring a wrongful death action, and so you will need to set up an estate and the suit is brought in the name of the executor. Second, the "Three" or any one of them might be liable, but, consider whether they have an assets.  If they have nothing that you can attach, then there may be little or no point to it.

Bernard Huff · Answer

A wrongful death lawsuit can be brought by a family member who has standing to sue. Consult with and/or retain a plaintiff's personal injury attorney for legal representation.

Mark Leonardo · Answer

Yes.  The heirs of the deceased are the ones that bring a wrongful death suit.

Lyle Masnikoff · Answer

You can try but it maybe hard to collect any money.  Call a personal injury attorney.

Steven Fink · Answer

The mother could have sued them in a civil suit when it happened. However, any claims now would be barred by the statute of limitations as the deaths happened more than 10 years ago.

Gary Burger · Answer

Yes, you can file it but there would be no likely way to collect a judgement and no insurance.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can the family member of a deceased relative file a wrongful death suit?

16 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer