My cousin was killed by a gunshot in Philadelphia in 2001. His parents had green card that time. After his death, they went back to India.
Some lawyer in india has suggested that they can claim compensation in USA for his death.

Please suggest if they can start any process regarding compensation in USA now.

Thanks,

The statute of limitations may have already run on this. The lawsuit should have been filed when the incident happened back in 2001.

Sure. If the parents believe that there was willful conduct on someone's part or negligence that led to their son's death, they can pursue the responsible party. I am assuming that the Police performed an investigation back in 2001 - what was their finding? Was anyone ever prosecuted?

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Originally Posted by ebaines

Sure. If the parents believe that there was willful conduct on someone's part or negligence that led to their son's death, they can pursue the responsible party. I am assuming that the Police performed an investigation back in 2001 - what was their finding? Was anyone ever prosecuted?

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Yes. Police performed the investigation and also the person who did it got the jail term.
But the parents never got any compensation as such.

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Originally Posted by kparekh78

Yes. Police performed the investigation and also the person who did it got the jail term.
But the parents never got any compensation as such.

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Of course they could have sued the perpetrator. That person may very well be judgment proof (no wealth), so such a suit would have been futile.

The person may also have been ordered to pay restitution. That would depend upon what the judgment of conviction says.

Normally a lawyer for the parents would see if there was any other party, one with "deep pockets", who might be held liable. If not, and assuming the other alternatives I have laid out above are non-productive, there woud be no recourse.

The parent's wouldn't be able to have any compensation unless the perp had lots of money. I'm not entirely sure who you are asking that they get compensation from.

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Originally Posted by stinawords

The parent's wouldn't be able to have any compensation unless the perp had lots of money. I'm not entirely sure who you are asking that they get compensation from.

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We were thinking of the compensation from the court (/ government) and/or the perp.
As of today, obviously we do not have much details about his whereabouts.

So do we see any point of putting this in front of the court now?

Thanks,

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Originally Posted by kparekh78

We were thinking of the compensation from the court (/ government) and/or the perp.

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Haha-you CANNOT get compensation from the government ;)

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Originally Posted by GV70

Haha-you CANNOT get compensation from the government ;)

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OK. If we move a motion against the perp for compensation, how much chances we got? Does it look any positive after these many years? I mean, would it worth the efforts?
(if anyone would have heard similar cases being judged in favor).
Thanks,

Wow, no there is no way there would be any compensation from the court/government. As for the perp he was put in jail (he dosen't even have to pay for his roof and meals while in jail the taxpayers do. So I don't see any chance of winning when you don't even know where the perp is and if he even has anything to sue for. You can't get blood from a turnip. Philly can be a rough area. I would guess (not having been there at the time) that he was shot by some gang banger or something not Charles Wellington.

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Originally Posted by kparekh78

ok. if we move a motion against the perp for compensation, how much chances we got? does it look any positive after these many years? I mean, would it worth the efforts?
(if anyone would have heard similar cases being judged in favor).
Thanks,

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You have no case. Statute of limitations for wrongful death in Pennsylvania is two years from the date of discovery:
Pennsylvania Statute of Limitations

And as others have said, there is no case against the government either. They had nothing to do with the death.

I'm curious why you would think the Government has any liability in this matter. Was he killed by the Police?

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Originally Posted by this8384

You have no case. Statute of limitations for wrongful death in Pennsylvania is two years from the date of discovery:
Pennsylvania Statute of Limitations

And as others have said, there is no case against the government either. They had nothing to do with the death.

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I agree to the point. There is no case here with this statute of limitations.

I would like to thank all for your prompt and to the point replies.

That is the issue I see, a "lawyer" in India is giving advice on US legal system and state laws.