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    kparekh78's Avatar
    kparekh78 Posts: 16, Reputation: 1
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    #1

    Jan 11, 2010, 11:18 AM
    Compensation for child death
    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,
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 11, 2010, 11:27 AM

    The statute of limitations may have already run on this. The lawsuit should have been filed when the incident happened back in 2001.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    Jan 11, 2010, 11:28 AM

    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?
    kparekh78's Avatar
    kparekh78 Posts: 16, Reputation: 1
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    #4

    Jan 11, 2010, 04:05 PM
    Quote Originally Posted by ebaines View Post
    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?

    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 11, 2010, 04:16 PM
    Quote Originally Posted by kparekh78 View Post
    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.
    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.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #6

    Jan 11, 2010, 09:40 PM

    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.
    kparekh78's Avatar
    kparekh78 Posts: 16, Reputation: 1
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    #7

    Jan 11, 2010, 11:33 PM
    Quote Originally Posted by stinawords View Post
    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.
    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,
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    Jan 11, 2010, 11:36 PM
    Quote Originally Posted by kparekh78 View Post
    We were thinking of the compensation from the court (/ government) and/or the perp.
    Haha-you CANNOT get compensation from the government ;)
    kparekh78's Avatar
    kparekh78 Posts: 16, Reputation: 1
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    #9

    Jan 11, 2010, 11:45 PM
    Quote Originally Posted by GV70 View Post
    Haha-you CANNOT get compensation from the government ;)
    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,
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #10

    Jan 12, 2010, 09:02 AM

    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.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #11

    Jan 12, 2010, 09:32 AM
    Quote Originally Posted by kparekh78 View Post
    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,
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Jan 12, 2010, 09:55 AM

    I'm curious why you would think the Government has any liability in this matter. Was he killed by the Police?
    kparekh78's Avatar
    kparekh78 Posts: 16, Reputation: 1
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    #13

    Jan 12, 2010, 05:42 PM
    Quote Originally Posted by this8384 View Post
    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 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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #14

    Jan 12, 2010, 08:13 PM

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