A man convicted of killing an 8-year old girl and seriously maiming her father died in prison recently, but monies from his estate may still be used to pay bodily injury, hospitalization costs and restitution to the family for harming the father and ending the life of the little girl. A NYC Injury Lawyer states that the man had just begun serving his 24-year prison sentence for recklessly killing the girl when a fellow inmate stabbed him to death with a homemade knife.
The little girl and her father were crossing the street in the crosswalk when the man hit both while riding his motorcycle. The little girl died as a result of her injuries while the father lost his leg. A new prosthetic leg may cost up to $500,000 along with hospital and physical rehabilitation costs. The man was tried and convicted of murder and sent to prison. Even though he is no longer alive, a judge has ruled that restitution must still be paid to the family using funds from the man’s estate.
So far, little of an estate has been found. The man’s mother recently filed paperwork to open a probate case to find financial documents and potential assets. The mother has also requested that she be given the motorcycle he was driving at the time of the accident so she can sell it. Any proceeds will mostly likely go to the little girl’s family. It is unclear if the man’s mother knew of any other assets the man had while he was alive.
The family of the little girl has filed a civil suit against the man’s mother, her business and the city where the accident took place. It is unclear if the man’s mother will become responsible for paying restitution on behalf of her deceased son.
Since the man’s attorney had filed an appeal for conviction before the man’s death and since that appeal had not been heard prior to death, according to the law, the man and his estate is released from paying any restitution. There are similar laws in Manhattan and Long Island.An NY Injury Lawyer agrees that the appeals court will have to decide whether to uphold the judge’s order or not.
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