Civil Responsibility for Intentional Harm (Murder, Wrongful Death, Money)
Everyone knows that OJ Simpson was criminally charged by the State of California for the murder of his ex-wife, Nicole Brown Simpson, and Ron Goldman. Everyone also knows that he was ultimately acquitted after one of the most sensational public trials in American history…. because “if the glove doesn’t fit you must acquit.” But did you know that he was also sued civilly by the victims’ families for wrongful death?
Many crimes also carry with them possible civil suits where victims, or their families, can seek monetary compensation for the damage caused by a defendant. The challenge, however, is that while you can sue a defendant civilly for crimes like murder or battery, these are intentional acts, and insurance typically does not cover intentional acts, which means the victim or victims must seek to recover the monetary damages from the defendant personally, rather than from an insurance company.
What this means practically is that even if you can prove your case, you may not realistically be able to collect on the judgment, because even wealthy celebrities, such as OJ Simpson, often avoid actually paying up.
Although OJ Simpson was acquitted of the crime of murder, he was found civilly responsible for the wrongful deaths of Nicole Simpson and Ron Goldman. Based on the jury verdict, the Court ordered him to pay $33.5 million to the victims’ families (which included his own children). However, to date, it does not appear that OJ Simpson has ever actually paid anything toward satisfying this judgment. The families have been able to obtain some memorabilia and video game royalties but as of 2018, the judgment had increased to over $70 million.
Given that many civil defendants are neither wealthy nor celebrities, collecting judgments from a defendant personally is even more challenging, particularly in a state like Florida where most individuals’ largest asset, their home, is protected by homestead laws.
So, does that mean that you do not have a case if someone hurt you on purpose? Absolutely not, particularly if there are other potential defendants with insurance who contributed to the harm in a negligent way. But it is a good idea to consult with an attorney in these types of situations to determine what avenues are available to you.
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