Who Gets the Money in a Wrongful Death Lawsuit

Who gets the money in a wrongful death lawsuit? This is a question that has slipped our minds for far too long.

In the past, we have dealt with who pays the costs of a criminal case if the defendant is penniless, limiting ourselves only to the issue of trial costs.

But what happens if the person convicted of a crime does not have the money to pay damages to the victim?

Hi. In today’s blog, this is something that I will be talking about in detail. So, if you want to know what happens in a wrongful death lawsuit and who gets the money in such cases, you have come to the right place!

Therefore, keep on reading this blog till the end and thank me later…

Who Gets the Money in a Wrongful Death Lawsuit?

According to the law, in fact, every crime that also causes damage must be compensated.

Let’s say the family of the murdered person wants to ask for compensation for damages from the perpetrator of the murder. However, he has absolutely nothing: neither a salary nor property of any kind.

In such a case, the compensation claims would be frustrated. Don’t be shocked. Many creditors who can’t get anything out of a hole with penniless debtors know this well!

But why does this happen?

Well, that’s because any legal action would bear the same fruits as those who turn an empty piggy bank upside down.

• What do you do in these cases?
• Do you have to resign yourself to injustice?
• Who pays compensation if the murderer has no money?

Let’s see.

According to the Criminal Code, each crime obliges the person responsible:

• To the restitution of what has been unlawfully stolen. Think of the jewels or money taken by the thief;
• To compensate for damages (pecuniary or non-pecuniary), provided that there have been any. This is the case of violent damage to someone else’s property that has been intentionally caused.

This means that the crime has both criminal and civil consequences. The former can result in a prison sentence, while the latter can result in the obligation to pay damages to the victim or his relatives.

What Damages are Compensated in a Crime?

The law clearly establishes something about compensation. According to that, the perpetrator must compensate not only for patrimonial damage but also for non-patrimonial damage.

What does this mean?

Financial damage refers to damage related to goods that have an economically determinable value. For instance, these include those that you can purchase or transfer.

Therefore, the patrimonial damage determines a decrease in the capital of the injured party. This is the case of damage following a road accident, theft, or theft of money or other objects, etc.

On the other hand, non-pecuniary damage concerns the person’s constitutional rights. These include the right to health and physical integrity.

Non-pecuniary damage includes, for example, moral damage, that is, the internal suffering resulting from an unlawful event, such as the loss of a relative or spouse due to homicide. This is where the problem we are dealing with comes in.

How Do You Claim Damages in a Crime?

You can become a civil party in the criminal proceedings to claim compensation for damages resulting from a crime. In doing so, the injured party can directly ask the criminal judge to award him damages.

For example, the victim of theft can join the civil action. Additionally, they can ask for the restitution, in money, of what was unlawfully stolen, in addition to any compensation.

In the case of homicide, the next of kin of the person killed may join the civil action. Furthermore, they will be eligible to compensation for non-pecuniary damages for the loss of their loved one.

What Happens When the Murderer is Penniless?

What happens if the person convicted of murder is penniless and cannot pay the compensation for damages? It happens that the State pays the compensation.

Therefore, the law establishes that the State replaces the penniless defendant sentenced to pay damages. Additionally, it compensates the victim or his relatives (as occurs in the case of homicide).

Let’s see in more detail how compensation for damages works in the case of a penniless murderer.

When Does the State Compensate You?

The law establishes that the right to compensation from the State is recognized to all victims of an intentional crime committed with violence against the person, as well as to victims of gang war.

Therefore, all victims can ask for compensation from the State if the guilty party is penniless. These are victims of:

• Mistreatment.
• Sexual violence.
• Serious personal injuries.

In the case of homicide, compensation is obviously due to family members and cohabitants.

Only minor beatings and injuries, i.e., those with a prognosis of up to twenty days, are excluded from compensation paid by the State.

Eligibility for State Compensation

Compensation is paid under the following conditions:

• The victim has already unsuccessfully attempted to enforce the criminal offence against the perpetrator to obtain compensation for the damage. In practice, the person entitled to the damages must have unsuccessfully attempted to seize the assets of the guilty party. This condition does not apply when the perpetrator of the crime remains unknown or when the latter has requested and obtained admission to free legal aid.
• The victim did not facilitate the commission of the crime. For example, compensation could be excluded if the victim of the road accident was hit while crossing a curve or while driving without a seat belt.
• That the victim has not been convicted with a final sentence or, at the date of application submission, is not subject to criminal proceedings for tax evasion or for one of the networks that the law considers very serious, such as mafia-style criminal association.
• That the victim has not already received sums of money equal to or greater than that owed as compensation by the State as a consequence of the crime. For example, if the victim has already been compensated by insurance, it will not be possible to also request state compensation. If, however, the compensation already obtained in another way is less than the state compensation, then the difference can be requested.

If the victim cannot claim compensation, these conditions apply to family members and those who act to obtain compensation for damages. This is precisely what happens in the case of a penniless murderer.

How to Apply for State Compensation?

The interested party presents a request for compensation. Or those who are entitled in the event of the death of the victim of the crime, personally or through an assistant for a lawyer, or directly to the lawyer, accompanied by the following deeds and documents:

• Copy of the conviction.
• Documentation certifying the unsuccessful attempt at seizure against the perpetrator of the crime, except in cases in which the perpetrator remained unknown or requested and obtained admission to free legal aid.
• Declaration in lieu of a sworn statement certifying the existence of the conditions set out in the previous paragraph.
• A medical certificate attesting to the expenses incurred for health services or a death certificate of the victim of the crime.

Please Note: The application must be submitted within sixty days from: • From the date on which the criminal conviction becomes final, that is, from the day on which it becomes irrevocable and, therefore, definitive; • The decision was made because the perpetrator of the crime is unknown. This means that it is possible to request compensation from the State even if the proceedings are archived because the perpetrator of the crime has remained unidentified; • From the last act of the unsuccessful executive action.

Penniless Murderer: How Much Is Due to the Family?

The law also establishes how much is due to the victims of the crime in the event that the perpetrators are penniless.

To be precise, in the case of a penniless murderer, the heirs are entitled to compensation of 50 thousand euros, increased to 60 thousand only for the children of victims of murder committed by the spouse, even separated or divorced, or by a person linked by an emotional relationship.

Here are the other amounts:

• $25k for the crime of sexual violence, unless the circumstance of lesser gravity applies;
• $25k for very serious personal injuries and for the deformation of appearance through permanent lesions to the face.

The amounts can be increased, up to a maximum of 10 thousand euros, for documented medical and welfare expenses.

However, the victims of other crimes get compensation. And this can be up to a maximum of $15k, only for documented medical and welfare expenses.

Read Also:

• Understanding Comparative Fault In Personal Injury Cases
• How State Laws Shape Personal Injury Cases
• 6 Key Concepts in Personal Injury Law