Massachusetts Personal Injury Library
Phillip Markoff: Wrongful Death Lawsuit Ahead?
Phillip Markoff, a 23-year old Boston University medical student, is accused of being the infamous “Craigslist Killer.”
According to Suffolk County District Attorney Daniel Conley, Markoff is the man who shot and killed aspiring actress/model, Julissa Brisman, on April 14, 2009 at the upscale Boston Marriott Copley Place Hotel.
Investigators believe Brisman and Markoff met after connecting on Craigslist, a popular website that features classified ads. Brisman had advertised services as a “masseuse” and Markoff allegedly arranged to meet her at the Boston Marriott.
Police have compiled evidence linking Markoff to the murder including:
- Hotel security photographs
- E-mail messages sent to Brisman
- An e-mail account opened the day before the murder
- A semi-automatic firearm
- Duct Tape
- Restraints
- Other items not yet disclosed
Phillip Markoff has also been charged in the robbery of a prostitute from Las Vegas who was tied up and robbed April 10 at the Westin Copley Place.
Police are investigating whether Markoff may be responsible for other attacks in the area, including an attempted robbery in Warwick, Rhode Island, that was averted when the woman’s husband returned to the room.
In addition to criminal charges, and penalties, Phillip Markoff could face a wrongful death civil suit.
Wrongful death is caused by a defendant’s reckless, negligent or purposeful actions.
Family members and beneficiaries of the deceased’s estate under these circumstances may have standing to file a wrongful death lawsuit. The statute of limitations for filing a wrongful death lawsuit in Massachusetts is three years from the date of death or date the cause of action should have been known.
A defendant can be acquitted of murder charges in a criminal court, but can be found liable in a civil court for wrongful death of the same victim. For example, in 1997 a civil jury in California found O.J. Simpson liable for the wrongful death of Ronald Goldman, although he had been acquitted in his criminal double-murder trial in 1995.
The standard of proof in the United States for a wrongful death claim is typically a “preponderance of evidence” as opposed to the “beyond a reasonable doubt” standard in a criminal case, so it is easier to prove liability in a civil case.
If you have lost someone and wish to file a wrongful death case in Massachusetts, the attorneys at Kiley Law Group can help.
With over 30 years of expertise in fighting for wrongfully killed victims and their families, Tom Kiley and his team have secured millions of dollars in settlements and verdicts.
To find out more about your legal options, call our toll-free number:
1-888-208-1695.
FREE Consultations.
