Filing a Civil Wrongful Death Lawsuit for Murder or Intentional Homicide in Wisconsin

When an intentional homicide shatters a family in Wisconsin, the immediate focus is naturally on the criminal trial and securing a prison sentence for the perpetrator. However, the criminal justice system in places like the Kenosha County Circuit Court, Kenosha or the Brown County Circuit Court, Green Bay is designed to punish the criminal, not to compensate the grieving family. To secure compensation for lost future income, funeral expenses, and emotional devastation, families must file a separate civil lawsuit under Wis. Stat. § 895.03. Pursuing a murderer in civil court requires a highly aggressive legal strategy, which is why utilizing our US Lawyers directory to find an experienced local attorney is essential.

Preponderance of Evidence vs. Reasonable Doubt

One of the most crucial concepts in a civil wrongful death case is the burden of proof. In a criminal trial, the prosecutor must prove the defendant committed the murder 'beyond a reasonable doubt'-a nearly 99% certainty. If the jury has any doubt, they must acquit. However, a civil lawsuit only requires a 'preponderance of the evidence.' This simply means you must prove that it is more likely than not (51% certainty) that the defendant intentionally caused the death of your loved one. This significantly lower standard makes it much easier to win a civil lawsuit.

Suing When the Defendant is Acquitted

Because of the lower burden of proof, it is entirely possible to successfully sue someone for wrongful death in Wisconsin even if they were found 'not guilty' in their criminal murder trial. The most famous example of this legal duality is the O.J. Simpson case, but it happens frequently in local Wisconsin courts as well. If a criminal case is dismissed on a technicality, or if the jury acquits due to a lack of overwhelming evidence, your civil attorney can still present the same evidence, subpoena the same witnesses, and win a massive financial judgment against the killer.

Freezing a Defendant's Assets Pre-Trial

When a murderer realizes they are facing a civil lawsuit, they often attempt to hide, sell, or transfer their assets (like houses, cars, or bank accounts) to family members to avoid paying a judgment. In Wisconsin, a skilled lawyer can prevent this by filing a motion for pre-trial attachment under Wis. Stat. § 811.03. By filing a formal civil summons under Wis. Stat. § 801.095 alongside a petition for a writ of attachment, your attorney can ask a judge to legally freeze the defendant's assets before the trial even begins, ensuring there is actually money available to collect when you win the case.

Collecting Civil Damages from Incarcerated Individuals

Many families assume there is no point in suing a convicted murderer because they are going to prison and have no money. However, an incarcerated individual can still hold significant wealth. They may own a home, possess a hidden trust fund, receive an inheritance while in prison, or have a steady flow of funds deposited into their prison commissary account. A civil judgment in Wisconsin is generally valid for 20 years, meaning if the convicted individual ever inherits money, sells property, or attempts to profit from their crime (like writing a book), your family can instantly intercept those funds.

Costs and Timelines of a Civil Murder Lawsuit

Filing a civil lawsuit for an intentional tort like homicide involves filing fees, expert witnesses, and intense investigation. Here is an estimated breakdown of the costs and timelines.

Coordinating with the Criminal Prosecution

It is vital that your civil attorney coordinates closely with the local District Attorney prosecuting the criminal case. Often, your civil lawyer will wait for the criminal trial to conclude before aggressively pushing the civil case forward. If the defendant is convicted in criminal court, that conviction can often be used as conclusive proof of liability in your civil case under the doctrine of 'collateral estoppel,' as demonstrated in Wisconsin legal precedents like Michelle T. by Sumpter v. Crozier, 173 Wis. 2d 681 (WI Supreme Court 1993). This means you do not have to re-prove that they committed the murder; you only have to prove the amount of financial damage they caused your family.

Frequently Asked Questions (FAQ)