Legal Question in Civil Litigation in California

Re: wrongfull death

You only have to prove your civil case by a preponderance (51-49) versus the prosecutor's burden to prove it beyond a reasonable doubt (thought to be at least 95%). So, the missing weapon is not insurmountable. You should make sure the defendant has some assets worth recovering and you should find a civil litigation lawyer, preferably within 100 miles of where it happened.

Re: wrongfull death

As Mr. Pavone says, you can file a civil suit against the suspect (assuming no problems with the statute of limitations). He is also correct that you should verify that the suspect has assets you can recover against.

I am curious, though, about your assessment of the prosecution. You seem to believe that the case is solid and that only the lack of a murder weapon is preventing prosecution, but most prosecutors would pursue a strong case without such evidence if need be. Is it possible that the case is weaker than you believe?

Re: wrongfull death

If you have sufficent evidence to prove your case, we would be interested in handling it. We don't do these cases on a straight contingency, though, but on a combination of a reduced hourly and a reduced contingency.

Call or email to discuss if you would like.

[email protected]