Wrongful Death Lawsuit After Homicide: Civil Claims When Someone Is Murdered

Criminal and Civil Cases Are Separate Tracks

A criminal prosecution punishes the person who committed the homicide. A wrongful death lawsuit compensates the family for what they lost. These are independent proceedings with different standards of proof — and a civil case can succeed even when the criminal case results in acquittal.

Criminal courts require proof "beyond a reasonable doubt," roughly 99% certainty. Civil courts require a "preponderance of the evidence" — more likely than not, just over 50%. This is why O.J. Simpson was acquitted of murder but found liable in the subsequent wrongful death suit. The evidence that fell short of criminal certainty still cleared the civil threshold.

This distinction matters because many homicide families assume that without a criminal conviction, they have no legal options. That is not the case. You can file a wrongful death claim against the perpetrator, against a third party whose negligence enabled the crime, or both.

Who Can You Sue?

The defendant in a wrongful death lawsuit after homicide is not always — or only — the killer.

The perpetrator directly. Even if the perpetrator is in prison, a civil judgment may be difficult to collect if they have few reachable assets. Ask an attorney what collection options apply in your state.

Third parties through negligent security claims. A third party may also be liable if your loved one was killed in a location where the property owner failed to provide reasonable security. Possible defendants include:

• Landlords — apartment complexes with broken locks, missing lighting, no security cameras, or a documented history of violent crime on the property
• Businesses — bars, nightclubs, parking garages, or retail locations that failed to employ adequate security despite known risks
• Hotels — properties that did not secure entry points, failed to screen guests, or ignored previous security incidents
• Employers — workplaces with inadequate safety protocols in high-risk environments

The legal theory is straightforward: the property owner knew or should have known about the risk of violent crime and failed to take reasonable precautions. Prior incident reports, police calls to the location, and crime statistics for the surrounding area all become evidence.

Filing Deadlines and Tolling Exceptions

The standard statute of limitations for wrongful death is two years from the date of death in most states, but critical exceptions can extend this window:

• Minor heirs. If the primary beneficiary is a minor child, the clock pauses until the child turns 18, then runs for two years.
• Ongoing criminal investigation. Some states (Georgia, for example) toll the civil statute while criminal charges are being investigated or prosecuted, up to six years. This lets you use the criminal trial evidence to build your civil case.
• Incapacity. If you were injured in the same incident and hospitalized, the clock pauses until you regain capacity.
• Fraudulent concealment. If the responsible party actively hid their involvement, the deadline starts when their role is discovered or reasonably should have been discovered.

Do not assume you have time. Consult an attorney early — many wrongful death attorneys offer contingency-fee arrangements. Ask how fees and case costs are handled if there is no recovery. Early consultation preserves evidence and witness testimony that degrades over time.

What Damages Can You Recover?

Wrongful death damages after homicide typically include:

• Economic damages — lost income and benefits the deceased would have earned, medical bills incurred before death, funeral and burial costs, and the value of household services the deceased provided
• Non-economic damages — loss of companionship, consortium, parental guidance, and the emotional suffering of surviving family members
• Punitive damages — in cases involving extreme negligence or intentional harm, courts may award punitive damages to punish the defendant and deter similar conduct

In negligent security cases, damages can be substantial. A landlord who ignored repeated complaints about broken security gates in a high-crime area, leading to a fatal shooting on the property, faces potential liability for the full economic and emotional impact on the surviving family.

The Slayer Rule Protects You

If the perpetrator was also a beneficiary of the deceased's estate or life insurance, the "slayer rule" bars them from inheriting or collecting. This applies even without a criminal conviction — civil courts can apply the rule using the lower preponderance-of-evidence standard. If an insurance company files an interpleader action (depositing the policy proceeds with the court to let a judge decide who gets them), having a civil attorney already engaged puts you in a stronger position to recover those funds.

How to Find the Right Attorney

The National Crime Victim Bar Association maintains a referral directory of attorneys who specialize in civil claims arising from violent crime. Your victim-witness advocate can also provide referrals to local firms with wrongful death experience.

When interviewing attorneys, ask about their experience specifically with negligent security or third-party liability cases — these require different expertise than a straightforward wrongful death claim against the perpetrator.

Our After a Homicide guide walks through the complete legal and financial recovery process, including the slayer rule, life insurance interpleader actions, and a benefits claims tracker to keep every filing deadline organized.