Yes. A wrongful death claim is a particular kind of personal injury case. This case pertains to a person’s death through neglectful behavior. It causes the family members of the deceased person immense pain and suffering. These individuals could receive monetary compensation or part of the dead person’s estate.

Furthermore, a wrongful death lawsuit is set in California law and relates to other types of negligence. Like other personal injury cases, you can file a wrongful death claim in civil court. It allows you to request compensation from negligent parties. Let’s look at what our educated Los Angeles wrongful death attorney has to say.

The Ehline Law Firm Takes Personal Injury Claims Seriously, but Is Wrongful Death a Personal Injury?

Suppose a close family member passes on due to another person’s negligence. You may legally qualify for both noneconomic damages and economic damages. These include damages from loss of support and companionship.

When a Wrongful Death Claim Applies

According to California law, negligence, wrongful acts, defaults, or contradictions of another person’s contract can result in wrongful death. The estate or survivors of the deceased victim may file a wrongful death lawsuit.

If no estate plan or will exists or mentions a personal representative, the court assigns one. The personal representative is the only one who can bring forth the wrongful death claim. All children and any surviving family members interested in the claim must be on the list.

Individuals who may recover awards include:

• Children, parents, and the deceased person’s spouse
• A putative spouse
• An adoptive sibling or blood relative. They must remain wholly or partly dependent on the victim for services or support.

Children of unmarried parents can seek compensation for wrongful death. That can be the case if the father died and had a formal contribution to the child’s maintenance. They must file a personal injury case to start the process.

Awards You May Receive in a Wrongful Death Lawsuit

According to California law, you may receive compensation for noneconomic and economic loss. Surviving family members could seek compensation for the following:

• Financial support or household services from the deceased
• Unexpected loss, protection, and guidance
• Emotional pain and suffering
• Medical expenses covered by survivors
• Funeral and burial costs.

The compensation plans for the deceased’s estate could include the following:

• Lost wages
• Lost benefits
• The estate’s loss of earnings is due to death.

The estate pays funeral expenses and medical bills. They reasonably predict the amount the estate will receive in the future, determining the loss. Punitive damages are due to the party who caused the death. There needs to be proof the individual acted recklessly or intentionally.

Providing Evidence in Wrongful Death Claims Via a Personal Injury Lawsuit

Wrongful death cases are a segment of a personal injury claim. A personal injury lawyer or you needs to confirm that your loved one died due to a negligent party. You must prove that the other entity or person failed to use reasonable care.

Personal injury lawyers must confirm that the following factors exist:

• The defendant acted negligently or recklessly, causing the wrongful death.
• Negligence of this individual caused the death of your loved one.
• The deceased person could have recovered damages if the death had not occurred.
• Medical malpractice. That includes doctors failing to diagnose a severe ailment.

Some instances of negligent conduct include:

• Criminal acts such as killing during a robbery.
• A drunk driver causes an automobile accident.
• Obtaining a fatal infection from defective medical implants.

If the victim’s death had not occurred, filing a personal injury could have been possible. Personal injury lawsuits can help survivors pursue compensation.

Time Limits for a Wrongful Death Lawsuit

The California wrongful death statute sets a time limit. These limits when filing wrongful death lawsuits are essential. Families typically have two years to open a wrongful death case. Some exceptions of a wrongful death action may alter the period.

These include:

• Murder or homicide
• Medical malpractice
• Government entity.

When minor children reach 18 years old, the two-year statute limitations start.

Contact Michael Ehline to Assist with Your Injury Claims

An ex-marine turned lawyer owns Ehline law firm. Michael Ehline studies the laws surrounding personal injury. I offer legal advice to surviving children, a deceased spouse, or family. You can be sure that our attorney-client relationship always remains confidential and professional.

Our free consultation provides a legal remedy for those financially dependent on the person. We are the best in the industry and handle the entire process meticulously. A fatal accident or an intentional act should not go unpunished. The defendant needs to be aware of and held responsible for being a drunk driver. The same applies to people providing defective products.

Our lawyers are ready and waiting to help you with a free case evaluation. Contact us today to bring your claim to court. This article contains details for general information purposes. It does not include all elements of a settlement. Please speak to our knowledgeable consultants at (213) 596-9642. People have found great success in wrongful death claims through our company.

Three Tips for Dealing With Grief After The Wrongful Death of a Loved One

Healing and growing after the murder or negligent killing of someone you love is of utmost importance to the surviving family, especially your children. They need you now more than ever! But you also need mental and legal help and don’t know how to deal with everything.

For example, what if there is no will or trust left behind? What if your dad was a Marine Veteran, and you want a full military burial in California? Who handles that? Most of all, what if you lost your only form of income, the breadwinner? Even sadder, there is no life insurance, and your house payment is due.

Most people don’t even think about any of this until someone has passed away. Now, the stress is overwhelming. But you are also trying to heal, and every lawyer you have talked to is less than caring. They could care less about the funeral, the military heritage, nothing. All they want is MONEY!

After all, it wasn’t their kin who died. Most personal injury attorneys are prominent in telling customers how much money they have won people in court or how many great Yelp! Reviews they have. Sometimes, there are just intangible qualities you seek in a lawyer other than their greed and undeniable need to fuel their G-6, cover a large house payment, etc. And I am not knocking wealth at all. I’m afraid I have to disagree with the hypocrisy that goes along with pretending to care about people who seem to permeate my industry.

However, one crucial element of personal injury lawyering is understanding that more human factors exist in a “personal” injury than the law of negligent torts. Caring goes hand in hand with healing your client as a lawyer. No one wants to be treated like cattle. So, below, we will discuss grieving and wrongful death. I will give you one of several personal examples before I go into my extra-legal qualifications and individual experiences in heart matters. In other words, I am an expert on grieving and will share with you what I know regarding the personal injury grieving process.

What is a “Personal Injury” To The Survivor of a Murder or Death – Really?

A personal injury has two main areas of significance to most non-attorneys.

And these essential aspects are:

1. The Legal Aspects of a Personal Injury. Holding the person accountable for your pain, financial and other losses
2. The “Personal” or Human Aspects of a Personal Injury. Mental and emotional healing, such as grieving and learning how to move on in life

• In a Nutshell – What are the Legal Aspects of a Personal Injury?

Personal injuries can include damages to property, your body, and your human emotions, including wrongful death, battery, and even breaches of your right to privacy. Personal injury lawyers are notorious in popular movies like “Rainmaker” for impersonally hanging out at hospitals’ emergency room areas and following EMTs around.

And this got so bad that laws were passed to stop this activity. This is why people are called “ambulance chasers” by people until they get in an accident and need help anyway. But labels and stereotypes exist for a reason. In this article, we will address the human aspect of hand-holding and the other duty your lawyer has to be your “Counselor” at law, not just your money machine.

Most of us know the legal definition of negligence, which is:

1. Duty: A owed a duty to B or the public to prevent or not cause a particular type of harm. (This duty is considered to be a “social contract.” Sort of a Golden Rule of behavior policy at large)
2. Breach: B was harmed or injured when A breached the duty
3. Causation: Because A’s breach caused B harm, B was damaged in his person or property
4. Foreseeable Damages: Damages to B must be predictable, inevitable, and unavoidable. If a jury finds it is foreseeable that a twelve-mile-per-hour rear-end car accident would cause B whiplash, it is said to be “foreseeable damages.” But let’s say that the hit to the rear of B’s car was two miles per hour. In such a case, B’s damages for whiplash are neither foreseeable nor unavoidable in a general sense unless the eggshell skull rule applies. But let’s throw a curveball into the above example. Let’s say B placed himself in danger by slamming on his leading vehicle’s brakes; B’s damages may have been partially or wholly avoidable.

So, in a nutshell, most lawyers think of this when they think about a personal injury. This is basically what they teach us lawyers about personal injury, and it is probably one reason we come off like vultures. After all, the dehumanizing of unique things, losing a child or being forced to use a gun in self-defense in case briefs, can create a culture of insensitive office drones and cynical jurists.

Even lawyers who get into law school with the idea of becoming social justice warriors soon learn that legal malpractice insurance, bar dues, and advertising costs require them to do more than lobby for their political beliefs. After being in a rollover automobile accident as a teen, I experienced that personal injury lawyers did not return calls, were primarily egomaniacs, and were far to the left politically.

Knowing that I assumed these “personal” injury lawyers would be far more empathetic to the plight of people who recently lost a loved one in a car crash, for example. But I was way wrong. I found the exact opposite to be true. I discovered that the lawyers with a more military background were far more concerned about dealing with personal loss and personal honor.

To sum it up, these are people who are defined. They have “character.” So what do I mean by all of this, and why does it matter? First, I don’t care how much money my lawyer can get me if they are jerks. And I think you’re a jerk if you screw fellow lawyers or the public. And I think you’re a jerk if you are more concerned about who has insurance than you are about a person’s loss of their child, mom, or dad.

So Why this article NOW?

So, I lost my father a few weeks ago due to cancer from exposure to Agent Orange during the U.S. conflict in Southeast Asia (67, 68, 69). My dad, Sergeant Paul Ehline, was a very defined and honorable Marine. True, he was rough and tough. Also true, he was just and righteous in understanding his duty to me as a spiritual advisor, not just as a life skills teacher. He was an excellent Swedish altar boy at his Lutheran Church, won contests in paper route sales, and wanted to be a missionary.

But he knew he would be drafted into the latest war against communist oppression. Knowing his lottery number would be up soon, he went and joined the Marines. Due to Paul Ehline’s espriCorpscorps, he told me on more than one occasion: “I wanted to be the best, so I joined the Marines.”

During his two tours in Vietnam, my father preached and handed out bibles to the Mong Villagers he worked with and helped train in indirect fire counterinsurgency tactics. I included a few of his pictures so you can see I am not bullying you. My dad was a MOS 0848 and performed the duties of a forward observer, often embedded with Force Recon Marines. As an artilleryman, he called in and dialed in airstrikes and artillery. So he dropped warheads on the enemy’s foreheads in support of his fellow Marines at the forward edge of the battle area. Part of his job was calling in artillery shells and bombs filled with chemicals and defoliants like Agent Orange around firebases under construction by the Navy Seabees or already occupied and built.

These now infamous defoliants killed all the trees and jungle life around the perimeter. Hence, it was harder for NVA and Viet Cong to infiltrate and overrun firebases, a favorite tactic used against the French, leading to their defeat by the Vietminh. Paul’s path and his need to be the best at everything would bind him to me and me to him forever, so much so that I joined the Marines upon graduation from Canyon High School in Anaheim Hills, California.

His decision meant dying a terrible, wrongful death (murder, in my opinion) from being exposed by our government to Agent Orange and then shoddy treatment by our Veterans Administration System, which is another topic for another day. But most of all, my decision to be a U.S. Marine also came with grave consequences, mainly from my eternal need to be the best at everything. But I am being disabled from military service after a knee and other related injuries, which has been a real struggle.

Why am I telling you all this? Simple, now you can see I have grieved and suffered immensely from injury and death, and I also practice law. So, I am giving this a human face so you can see that some of us are patriots with a sense of duty and honor that breaks the stereotype. Next, I want to explain how I am dealing with wrongful death. Afterward, I will offer some ideas to help us get through all this tragedy together.

Dealing With Grief After a Murder or Negligent Killing

What are some different types of grieving? There are several types of grief. There are cases of sudden death, like when someone gets killed in an airplane crash. Then there are drawn-out circumstances of death, such as someone slowly dying of tumors from smoke or chemical exposure or a downed motorcycle rider passing away after a year or more in a coma. Any death is terrible, but the latter at least gives you a chance to prepare for what’s coming.

An example of low-level grief many of us know: Many of us have dealt with a crushed buddy who just got dumped. Coping with losing a girlfriend or boyfriend after six months of dating can be very painful and make people lose weight, start drinking, or turn to drugs. Some people get skinny; some people get fat. The reason I bring up this example is that not everyone knows the grief that death brings. But most people know what it’s like to lose a lover or close friend, like a military brat who moves to another town, for example.

The grief of someone dying due to the unjustified killing of another is usually way more tragic than a breakup. In many ways, when the death is from complications related to a motorcycle crash or chemical exposures like Agent Orange, Asbestos, or RoundUp Weedkiller, it remains far worse than natural death. Some people become suicidal. No matter what, part of you also dies. Your very soul feels damaged, sometimes impossible, or so you think. Most surviving offspring wanted their parents to die of natural causes like aging. Most parents wanted their offspring to live beyond them, procreate, and be fruitful. But when a third party kills your closest relative, you are robbed.

Yep, that’s right; someone stole something from you, a life! Now, you may have feelings of revenge and regret. And that’s a hard pill to swallow.

• But You Can Heal!

Most of all, personal injury victims of wrongful death must understand that gradually, over time, you can heal. But it takes a lot of time. And you will have a whole spectrum of emotions. In my case, my father and I fought like cats and dogs. As his health diminished, he began doing things I felt were unreasonable, and I took it personally. I would say it was a beautiful, sunny day, and he would say it was dark outside.

Only later did I learn from his attending physicians that he also had undiagnosed conditions like dementia. So basically, I now struggle with the feeling that I abandoned my dad. And that feeling is reinforced in my perception of myself as seen through the eyes of others. Real or imagined, I felt like I had just been drummed out ofCorpsCorps. But if you had a perfect relationship with the decedent, that would be excellent.

I also struggle with feelings of hatred towards our VA system for making him wait five years to get into CarT therapy and clinical Trials. A few days before Dad died, I got a call that they were finally ready to start his clinical “work up” for Clinical Trials. Imagine that, and he gets approved just before he dies with a massive tumor on his chest! There are great tips about dealing with regret and revenge further down the road.

However, I have found in my years as a wrongful death attorney that most clients did not have a perfect relationship and suffered more from regret than their family member’s actual loss. So this is for you because you are suffering incredibly and need the most attention.

So the first piece of advice I have for you if you are lucky enough to have some warning of impending death, is to:

1. Bury the Hatchet with Decedent

At some point, you will have to come to terms with the person or persons who caused the death of your loved one. But more important is not holding grudges, arguing, and fighting with someone, especially your parents or siblings. All that will do is hurt and alienate you from others in your family circle. That’s right; it’s bad enough losing someone.

But when that integral person died, and you KNOW in your heart, you could have done more than bicker; that magnifies the pain seven times seventy. A healthy family brings with it a sense of honor and public shaming far worse than death by a thousand cuts. Please don’t do it. Yes, I understand that some of you may have had less than tender parents who didn’t discipline you out of love and were just brutes. But some parents were strict disciplinarians from a place of love, as stupid as that sounds.

Some parents believed they needed to break a child’s spirit, and others thought, out of fear, that they needed a hands-off, devil-may-care approach in parroting. The latter type B parent may leave the child feeling abandoned. The first, type-A parent example, is more common in religious families and the warrior class. And then there is the example of the child who tried so hard to have a relationship with their mom or dad, but due to the parent’s use of drugs, poor upbringing, or imprisonment, that was never possible.

Maybe the child did something to hurt the parent? Most of all, these are common and will eat you alive if you can’t bury the hatchet! In my case, Dad and I ended our physical relationship with him, risking arrest until I made clear to Eisenhower Hospital security that COVID-19 was not preventing this Marine from seeing off his Marine brother (dad) to Valhalla.

And guess what? I was the only, and I mean ONLY, non-medical provider allowed on that floor to see Dad off. I am sure he was so out of it; he had no idea what I had just done to see him. Noteworthy here, the hospital security guard apologized for what happened in the elevator. Thank you, Paul Ehline, for teaching me that command presence that made it possible for me to be by your side when it counted most.

I was prepared to risk arrest to get to my father’s Command Post and give him additional fire support. At least you have a fellow warrior by your side, Dad. I hope my son is by my side when it’s time to check out. And if this Spartan-like relationship does not apply to you, then great, because your focus can be on other things than being eaten alive by REGRET! Most of my biker friends and fellow vets are dealing with PTSD and other things that make it hard for all involved. So that was for you guys. Roger that? But for all you civilians, keep reading because different things can help us recover emotionally after suffering a wrongful death or unjustified homicide.

2. Forgive Yourself?

Good luck, right? And honestly, I could care less if you had a beef, were upset, were in a flawed argument and had not made up, or had some other unsettled issue with the person who died. Why do you ask? After I went through it, I learned the untold and hidden truth that Jesus taught about forgiveness.

• What is the True Goal of forgiving?

You forgive yourself, not the other person. Sure, we are all born knowing right from wrong. Trust me, people who did you wrong understand what they did. But we all do stupid things. Some silly things will prevent you from being close. But there is no excuse for you to send yourself to an early grave because of what the decedent did. The same goes for you; no matter what you did by failing to call an end to the war, it is over now.

So bury the hatchet and forgive yourself for not being the bigger person. My father and I had a chance to reconcile any issues we had on his deathbed. That was God’s gift to Dad and me. But you can’t help but feel resentment. Sometimes it is too palpable. Why am I telling you things of such a personal nature? Because I don’t want anyone to make my mistakes. Suffering a personal injury is unique.

If your lawyer doesn’t understand relationships deeply, your recovery journey will be hampered significantly. No amount of money is a substitute for a sympathetic ear.

• Goals: Accepting the Situation, Forgiving Yourself, and Living A Healthy Life?

Your goal should be to be a good person and keep your wart. Part of being the right person is treating everyone with civility. All people matter; they were once some mother’s bundle of joy, even if she wasn’t their birth mother. Knowing this, we can try to find solace and make sense of it all. Taking revenge against those who caused the wrongful death can also land you in jail.

Listen up, especially you Marines, SEALS, and 75th Ranger guys. Don’t get crazy. In cases such as murder, it is vital to know you will be the first suspect if someone disappears. Also, you have guys like me who can rip evil-doers apart in court without taking the law into your own hands. I am a particular legal operator with an intimate understanding of how we handle things in and out of court.

Sure, you may not get justice in court. However, our legal system is in place to examine both civil and criminal repercussions to defendants. Besides, true justice would be getting your loved ones back. So, let the DA deal with criminal charges and allow a plaintiff’s lawyer to handle the civil trial. Living a healthy life begins with acceptance. You heard right; approval of the loss is the genesis of healing your grief, not the end.

What are the Main Steps in Dealing with Grief? After a Wrongful Death?

To recap, those who lost a loved one due to murder or wrongful death may not fully comprehend the legal aspects of a civil and criminal case. Because of this, we often feel helpless. It is harder to deal with when dealing with denial and shock from a loss of such monumental proportions than virtually anything life can throw at you. Whether it was a crime or just a mistake, it is no less tragic to you. Your rage and anger at yourself and the person who caused the death are often far more profound than in other cases. So below, I have provided some tips to deal with anger for wrongful death victims constructively.

Here are My Top Three Tips:

1. Let yourself be upset and enraged. Someone you love was taken away before their time. Most of all, this is a horrific, monumental loss for any family. You may have lost love, support, and breadwinner all at once.
2. Find ways to forgive yourself and others in your own time. Don’t just forgive because your priest or mental health provider says so. You have to want it. I recommend reading a book that helped me a lot, called “Discipline Equals Freedom,” by Jocko Willink, a former Navy SEAL Commander. It helped me understand self-love, and that forgiveness comes from the heart and must forgive to be true.
3. Don’t be offended by all the grieving advice friends and others will give you. Some will tell you to get a psychiatrist, and others will tell you their death stories and how they got over grieving. Just try and understand that they feel your pain and are in pain because they empathize. Those are your real friends. So don’t be a jerk.

Most of all, grief after a wrongful death presents many expressions and manifestations. But each person’s grief is unique to them. You can’t create a formula that works for each person. Some of you may want to speak to the DA if it’s a murder. Others may have no choice but to deal with a wrongful death lawyer if they are to have any chance of getting compensation after losing the income the decedent brought to their family.

If you don’t, you can blow the statute of limitations and your chances at a civil resolution. However, ultimately, a real test of healing deals with unresolved grief when facing the killer of a loved one. One way or another, you want some justice. And if they walk or get less jail time, you will likely be devastated.

Or maybe they had no insurance or assets and got life in jail. How are you going to survive? It makes it much more difficult to find inner peace when your world is turned upside down, and the killer does not get public justice. Wrongful death cases are particularly tricky and horrific because of the loss of innocence. Just the thought that someone had the gall to act so irresponsibly that they took a life.

How devastating and incomprehensible is that? Holding the perpetrator liable in court can become a personal crusade for a man—part of dealing with their grief. A famous example includes the Goldman family, doggedly pursuing their son’s killer, O.J. Simpson. In that case, OJ did not even know the victim, who was dropping off some expensive sunglasses OJ’s estranged wife had left at a nearby Los Angeles restaurant. Mr. Goldman’s dad harnessed his shock and rage. But his family was bewildered beyond belief. In the end, each personal injury is catastrophic and very private. So, dealing with grief from a wrongful death will take time, based on your unique situation.

This article is in the loving memory of Sergeant Paul Ehline, USMC: Semper Fi, Dad. See you in Valhalla Marine.

Despite the statute of limitations, yes, it appears they can! Here is a copy of the 85-page lawsuit. In recent news, Malcolm X’s family sues the FBI, CIA, and NYPD for wrongful death, accusing the state actors of concealment of prior knowledge of the assassination of the former civil rights leader. Let’s learn more about the lawsuit with Ehline Law and our lead personal injury attorney, Michael Ehline.

Justice for Malcolm X as Grieving Family Steps Up After Decades-long Fallout

Malcolm X (born Malcolm Little), a prominent human rights activist during the civil rights movement, was supposed to speak at the Audubon Ballroom in Manhattan, New York, on February 21, 1965.

As the crowds eagerly waited for him to make the speech, someone from the audience threw a smoke bomb to create chaos among the people. At the same time, a gunman shot the leader in the chest with a sawed-off shotgun, leading to his early demise.

Startling News of Cover-up Surfaces After the Convicted Are Set Free

Following the event, the criminal justice system convicted three men for the killing of Malcolm X. However, in 2021, two of them were exonerated due to a lack of evidence.

According to Raymond Wood, an officer at the New York City Police Department (NYPD), the government agencies (NYPD, FBI, and CIA) worked together to cover up the details of the assassination.

In his letter, Wood revealed that he had received orders from the higher authorities to coerce Malcolm X’s security team to commit felonious federal crimes. This would give the officer a reason to arrest them, keeping the guards at bay from protecting the civil rights leader at the event in the Harlem neighborhood.

Malcolm X’s Family Sues FBI, CIA, and NYPD for Wrongful Death

On November 15, 2024, Malcolm X’s daughter, Ilyasah Shabazz, and other family members filed a wrongful death lawsuit against law enforcement agencies, including NYPD, CIA, and FBI. The plaintiffs seek $100 million in damages for failing to protect the civil rights leader.

According to the suit, systemic negligence and intentional actions led to decades-long cover-up of the assassination. The lawsuit filed in November states that the New York Police Department, FBI, and other government agencies were hand in glove in preventing the Shabazz family’s access to the courts.

In a press release, the affected parties remarked that the law enforcement agencies perceive Black activism as a national security threat.

Court Filings Reveal More Details About the Wrongful Death Lawsuit

The lawsuit alleges excessive use of force and deliberate creation of danger that led to wrongful death, as well as failure to intervene and protect the civil rights leader before the attack.

A Civil Rights Attorney, Ben Crump, Calls the Assassination of Malcolm X a Conspiracy!

According to civil rights attorney Ben Crump, who is representing the affected family, the concealment of truth made it challenging for the plaintiffs to pursue accountability. He spoke at a news conference in favor of Ilyasah Shabazz, stating that the law enforcement agencies prevented Malcolm X’s family from seeking justice.

Recent Allegations Expose the Law Enforcement Agencies and Their Decades of Negligence and Wrongdoings

State actors like the New York Police Department or the CIA are responsible for protecting the lives of the citizens in the United States. However, the recent allegations of rape by law enforcement officers and sexual assault carried out by trained military dogs have shaken the nation to its core.

The startling revelations have pulled back the curtains on these government agencies and how they operate. Maybe they conspired to assassinate Malcolm X. Perhaps they were also responsible for the assassination of Martin Luther King Jr.

Fortunately, the justice system allows affected parties to hold negligent state actors accountable, punishing them for their wrongdoings and preventing others from committing similar acts.

Statute of Limitations?

File Wrongful Death Lawsuit – State Actors in New York?

Under the law, the deceased’s children, spouse, or personal representative of the estate can bring a wrongful death lawsuit within two years following the death of the decedent. Although the assassination of Malcolm X happened in 1965, the recent 2024 lawsuit seeks accountability due to the discovery rule.

When previously undisclosed information surfaces, the statute of limitations begins from the point of discovery. Raymond Wood’s letter exposed how government agencies conspired to hide irrefutable evidence of suppressing black activism in the United States. This admission or accusation created grounds for the Shabazz family to sue the state actors.

Elements of a Wrongful Death Lawsuit Is Crucial!

To win a wrongful death lawsuit, the plaintiff must prove the following elements:

• Duty of care
• Breach of duty
• Causation
• Damages.

While the assassination of Malcolm X could fall under civil rights, the attorneys can also treat this case as a wrongful death. They must prove that the state actors owed the civil rights leader a duty of care, they were negligent in their actions, the breach resulted in the death of Malcolm X, and the affected parties suffered financial and emotional losses.

Lost Someone You Love From Negligence? Ehline Law Can Help!

Surviving family members often face challenges when pursuing a wrongful death lawsuit against state actors. Lack of disclosure, coercion by law enforcement agencies, and other dirty tactics could prevent affected parties from bringing civil action in the first place.

Fortunately, Ehline Law and our personal injury attorneys are ready to aggressively protect your and your family’s best interests. We have the skills, expertise, and resources to investigate a wrongful death and hold state actors responsible for your loss.

If you’ve lost a loved one in California due to another’s negligence, call us at (833) LETS-SUE to schedule a free consultation with an experienced personal injury attorney to discuss your case and learn more about your legal rights!

The shooting in Las Vegas is back in the headlines now that Sean Combs is in jail. Assuming the new evidence is true, Tupac Shakur’s family could sue Sean “Diddy” Combs. I am Los Angeles wrongful death attorney Michael Ehline. I grew up surfing in Orange County and listening to NWA, Dr. Dre’s Chronic, Snoop, punk rock, etc. I had a Jeep with 12-inch Rockford-Fosgate Woofers and a few thousand watts of amps. The girls at Brookes College loved me, and I even saw Snoop and Nate Dogg at the local Bally’s Health Club in Long Beach.

So, I have always been connected to anything related Sean Combs, Death Row, Bad Boy, Snoop, etc, since I was young. The murder investigation of rapper Tupac Shakur has finally yielded a significant development, implicating record producer Sean Combs, founder of Bad Boy Records. 

The 25-year-old “Tupac” passed away September 13, 1996, in a Las Vegas emergency room six days after receiving fatal shots from multiple assailants. His shooting murder seems like it may be close to solved, which has Sean Combs on the defense. In this unsolved case, the arrest of former Crips Gang Member Duane “Keffe D” Davis carries both civil and criminal implications. But now the Sean Combs connection is growing stronger.

Purpose of this Article?

I wrote this comprehensive article because I saw it as a helpful way to explain multiple jurisdictional and statute of limitations issues Tupac’s survivors will likely face when they sue Sean Combs (of course, Combs has has always denied any involvement in Shakur’s murder case). For example, can they pursue a wrongful death action against implicated shot caller Diddy, aka Sean “Puffy” Combs, for Tupac’s Murder? As a lawyer and fan of Biggy and Tupac music, I figured I should write something about Shakur’s case and the legal ramifications for Pac’s surviving family.

How Was This Content Made?

I created this content using police interview transcripts from Nevada, Los Angeles, and New York, legal practice guides, news articles, published witness statements, and suspect interviews. I then integrated the facts with my advanced knowledge of wrongful death litigation. I also used general core legal principles I learned from world-class attorneys like attorney Michael J. Piuze and Gary Dordick, Esq.

I have almost two decades working exclusively on catastrophic injury claims in Los Angeles County, CA, which was very useful in helping me diagnose the facts related to Tupac’s 1996 shooting murder in Las Vegas, Nevada. Although I am licensed to practice wrongful death law in California and Texas, this comprehensive guide is designed to cover general principles, as a law school or bar exam might cover.

Conspirators Met in Los Angeles, New York, and Las Vegas?

Although any potential wrongful death case will likely be prosecuted civilly in the State of Nevada, the case reverberates across many jurisdictions back to California and other states. The locations and alleged events leading to Pac’s Murder occurred in many jurisdictions. “Claims of Diddy being involved in Tupac’s murder can be dated back to over a decade ago. Kirk Burrowes, who is godfather to one of the Bad Boy Records founder’s sons, “implicated [Diddy] in the murder of Tupac” in a $25 million lawsuit that he filed…” So, this case has been going on forever. Ultimately, I will share some secrets you must know to obtain maximum compensation in a CA wrongful death lawsuit.

New and Damning Evidence

It appears older court documents, as well as proof of a 2009 interview, have re-appeared. The Las Vegas Metropolitan Police think that Diddy offered a $1 million payout to kill Shakur before his 1996 murder. 

The surviving family hired a team of investigators, including celebrity lawyer Alex Spiro. Their mission was to see if the evidence was legitimate. And it looks like they have enough to bring a wrongful death and survival vacation against Diddy, especially since more witnesses are coming out with more information. 

Las Vegas Police Not Investigating?

It doesn’t seem so, and additionally, we called the LVMPD, and my sources confirm that Diddy has never been and is still not a suspect in Shakur’s murder. However, the rumors that Sean Diddy Combs paid his drug dealer, Eric Von Martin, a million dollars to off Tupac and that Combs may have killed Christopher Wallace, “The Notorious B.I.G.,” are picking up steam. So it may not have been Crips gang leader Duane “Keefe D” Davis acting alone, according to new theories.

It has been “… suggested that Sean Combs paid Eric Von Martin a million dollars for the killings as well as offered to set up a surreptitious phone call with Terrence Brown, the driver, who, at the time, was still alive.”

With Diddy Freak Offs and all the other scandals, police may get some fresh leads. Diddy’s past is on full display, and his cohorts are fleeing from him like cockroaches looking for a plea deal. As more people provide evidence, it could be curtains for Sean Combs. If Sean Combs paid Von Martin or someone else, it seems it is only a matter of time before the truth comes out.

Differences Between Wrongful Death and Murder?

The main difference between wrongful death and a murder crime lies in their legal definitions and implications:

Wrongful Death Lawsuit (Civil Action)

Wrongful death is a civil legal term used to describe a death due to someone’s negligence or criminal act. It typically involves a civil lawsuit filed by the surviving family members or beneficiaries of the deceased against the responsible party. It is a lawsuit filed to obtain compensation on behalf of survivors for the loss of their loved one after a reckless or negligent killing. The object is to cover damages, including lost income and emotional suffering. A survival action, discussed here, is a bit different.

Murder Crime (Criminal Action)

Murder is a criminal offense surrounding the unjustified killing of one person by another. A murder can be a negligence homicide, or in the First Degree, with malice aforethought. 

• First-Degree Murder: Usually accompanied by premeditation and malice aforethought. (Did the killer have the intent to kill and plan it? 
• Second-Degree Murder: No premeditation is required, but it still requires the intent to kill or an action that demonstrates a reckless disregard for human life.
• Voluntary Manslaughter: Voluntary manslaughter is an intentional killing without premeditation or malice aforethought, often occurring in the heat of the moment or sudden quarrel.
• Involuntary Manslaughter: This crime happens when a person unintentionally causes the death of another via negligence, recklessness, or an unlawful act not rising to a felony.
• Negligent Homicide is an unintentional killing resulting from criminal negligence or recklessness. (A bystander killed in a drive-by would be an example.)

State or government individuals prosecute murder cases. The defendants are subject to criminal law and criminal court proceedings to determine their guilt or innocence. If found guilty, courts impose criminal penalties, including imprisonment, fines, restitution to survivors, and sometimes the death penalty. The object is to punish the offender for their criminal act.

Potential survival actions are also discussed in the video here. In both cases, the goal is not to punish (but in egregious cases, the court can award punitive damages to the lawful survivors entitled to sue. Not just anyone can sue; only survivors of someone who died due to another person’s negligence or wrongful actions are legal plaintiffs.

The plaintiffs in a civil action have some leeway to sue and may not be required to sue in a Las Vegas court. But generally, a claim should be filed in the state where the incident occurred. However, some exceptions exist where you can sue in another state. Here are some rules about jurisdiction and venue when suing for wrongful death. In summary, unlawful death actions aim to provide survivors with total and fair compensation, whereas a murder rap seeks to punish the offender for their criminal activities.

Here, we know from a prior case filed in 1997 by Tupac’s mother, Afeni Shakur, against Orlando Anderson on September 12, 1997, for this wrongful death. (discussed in the timeline below.) However, any entitled heirs and personal representatives can file a wrongful death lawsuit or join such a claim. (Watch the video here to learn about parties entitled to sue for wrongful death.) Near the end, we will get into liability, damages, and potential statute of limitations problems. So, let’s get into the new revelation about who killed Tupac and its implications civilly and criminally for Diddy.

The Facts About Shakur’s Murder

A Nevada grand jury indicted Duane “Keffe D” Davis with Murder using a deadly weapon in killing rapper Tupac Shakur, marking the first arrest in the 27-year-old case. Davis was a ‘”leader and ‘shot caller‘ for the South Side Compton Crips gang.”‘ The investigation began on September 7, 1996. While there has been progress, Sheriff Kevin McHahill of the Las Vegas Metropolitan Police Department noted that it is still ongoing and has involved decades of effort by the homicide team. Here’s a summary of the investigation, from Shakur’s fatal drive-by shooting to Davis’ recent arrest.

November 1994: Tupac Shot and Robbed at a New York Hotel

In November 1994, two years before his tragic death, Tupac Shakur was a robbery victim inside a midtown Manhattan hotel. Shakur sustained multiple gunshot wounds and was robbed of $40,000. The wounded rapper publicly accused fellow rapper The Notorious BIG of this hit. Sean “Diddy” Combs and Biggie vehemently denied advanced knowledge of the hit.

Henchman Admits Hit to Kill Shakur

In 2011, Dexter Isaac, who was serving a life sentence in a New York prison for an unrelated crime, came forward with the claim that music executive James “Henchman” Rosemond had paid him to commit a robbery against Tupac Shakur and that he had shot the rapper during that robbery. Henchman ultimately admitted his involvement here.

Isaac is still serving a life sentence for an unrelated robbery and killing. It does appear, however, that there is a connection to Puffy, sex with minor males, and the “Henchman” discussed here. Either way, Pac thought he was targeted by Biggie and, by extension, his record label.

1996 – Pac Claims Revenge Sex With Biggie’s Wife

Allegedly, the still vengeful and enraged Pac had scandalous sex with Biggie’s woman, Faith Evans, when she went to Pac’s abode after recording “Wonda Why They Call U Bitch.” This appears to have been part of an East Coast, West Coast rap feud, profoundly dividing the hip-hop community and fans. I remember gang bangers supporting Pac and West Coast rap even in Huntington Beach, CA. It was terrible from Los Angeles to New York, with iconic rapper Biggie making raps that Cali was [only] “… a great place to visit.” (See the video.)

Most people don’t know that Pac was actually from the east coast, so it’s not ironic that Pac would be shot by a leader of the South Side Crips from Los Angeles after a Mike Tyson fight in Vegas. Ironically, the head of a company called Murder Inc., “Puff Daddy,” could be convicted and spend time in Las Vegas, Nevada, for a crime that would have expired had it been carried out in New York! I hope my readers are getting all of this.

September 7, 1996 – Facts Leading to Fatal Drive-By in Vegas

These are the basic facts and conclusions as reported then.

The Hotel Fight

Following the fight, Shakur and his associates got into a fight at the hotel with a group that included Duane “Keffe D” Davis and his nephew Orlando “Baby Lane” Anderson, with whom Shakur had previous conflicts. Surveillance video showed Shakur and Knight involved in a physical altercation with Anderson near a bank of elevators.

See Suge Kick Anderson’s Video Here

The Alleged Retaliatory Drive-By Shooting

Suspects Davis and Anderson were associated with the South Side Compton Crips, a Southern California-based gang rivaling Knight’s Blood-affiliated gang, Mob Piru. Later, Tupac Shakur was shot in a fatal drive-by shooting while traveling in a black BMW driven by Death Row Records founder Marion “Suge” Knight. Shakur’s entourage consisted of about ten cars. As the story goes, they were pulling out after watching Mike Tyson fight at the MGM Grand.

One person in a white Cadillac opened fire, striking the passenger side of Knight’s car with bullets. Tupac was in the passenger seat. Pac was shot four times and at least twice in the chest. A bullet fragment grazed Knight or shrapnel from the car. When I was younger, many rappers would complain they thought Suge was involved since he wasn’t killed, too, but I don’t think so.

At a news conference on September 29, police alleged that Davis was in the Cadillac’s passenger seat. Vegas PD claims he provided a gun to a man in the back seat. They then claimed that the motive was retaliation for the earlier casino fight. Shakur was immediately taken to a hospital, where one of his lungs was removed, and he remained on a respirator in intensive care till he died six days later at 25.

November 1996 – Witness and Insider Yaki Kadafi Shot Dead

Two months after Tupac Shakur’s death, on November 10, 1996, Yafeu Fula, also known as Yaki Kadafi and a member of Shakur’s rap group Outlawz, was shot and found dead at a housing project in Orange, New Jersey, as reported by the Los Angeles Times. Fula had been traveling with bodyguards in the car behind Shakur’s on the night of the rapper’s death and may have been able to ID the killers.

March 9, 1997 – The Notorious BIG Shot Dead By Marion “Suge” Knight?

Maybe. In retaliation, it is alleged that Marion “Suge Knight” hired Bloods gang member Wardell “Poochie” Fouse to take out Smalls for $13,000, according to Detective Kading; more about him is below. Kading thinks he secured a verifiable confession from Keffe D, as he faced serious charges for another crime. So he knew any deal would be off the table if caught lying. Only time will tell if this information pans out, however.

1997 – Tupac’s Mom’s Lawsuit Against Orlando Anderson

Following Tupac Shakur’s death, there were legal actions involving Tupac’s mother, Afeni Shakur, and Orlando Anderson:

• On September 12, 1997, Afeni Shakur filed a wrongful death lawsuit against Orlando Anderson, alleging that he was responsible for the shooting death of her son.
• Before this, Anderson claimed that he was assaulted by Tupac and several employees of Death Row Records in the lobby of the MGM Grand Hotel just hours before Tupac was shot. Anderson denied involvement in Tupac’s killing.
• Tragically, Orlando Anderson died two years later in an unrelated gang shooting in Compton, California.
• In the following years, the estates of Tupac Shakur and Orlando Anderson engaged in legal battles and counterclaims. Anderson’s estate alleged that Tupac’s estate had not fulfilled a promised payment of $78,000. Anderson’s family filed a breach-of-contract lawsuit against Tupac’s estate.
• Eventually, the estates of Tupac Shakur and Orlando Anderson reached a settlement to resolve the lawsuits they had filed against each other. The exact terms of the settlement were not disclosed, but it marked the end of the legal disputes between the two parties.

2011 – “Diddy had Tupac killed, Retired LAPD Detective Claims”

As far back as 2011, a retired Los Angeles Police Department detective named Greg Kading alleged that music mogul Sean “Diddy” Combs paid $1 million to hire a Crips gang member to plan the murders of rapper Tupac Shakur and his manager, Marion “Suge” Knight.

Kading, who once led a special LAPD task force investigating the decades-old shootings of Shakur and The Notorious BIG (Biggie Smalls), suggests that Biggie Smalls’ killing was in retaliation for Tupac’s death.

2015 “Murder Rap” Book Based Documentary

The retired detective’s claims are featured in the documentary Murder Rap, based on Kading’s 2011 book of the same name. The film premiered in 2015 and is currently available on iTunes.

February 2018 – Netflix True Crime Bombshell

In 2018, Netflix aired “Unsolved: The Tupac and Biggie Murders,” a true-crime anthology series. This series examined separate investigations into the shootings of Tupac Shakur and Biggie Smalls. This generated renewed interest in the investigations surrounding Tupac Shakur’s death and, by extension, Shakur’s estate. The investigation gained momentum and appears to have impacted the ongoing efforts to solve the Murder. But Vegas PD says they have always had this as a top priority to solve.

July 2023: Duane Davis’ Wife Raided After Admissions in Memoir

In a 2018 BET interview, Duane “Keffe D” Davis admitted to being in the vehicle’s front seat from which Tupac Shakur’s shooters fired. He also implicated his nephew, Orlando “Baby Lane” Anderson, stating that Anderson was one of two people in the backseat of the car. Davis indicated that the shots were fired from the back of the vehicle but did not explicitly name the shooter, citing adherence to the “code of the streets.”

Davis provided more details about his involvement in Tupac Shakur’s death in his 2019 memoir, “Compton Street Legend.” In the book, he stated that he broke his silence about the rapper’s killing in 2010 during a closed-door meeting with federal and local authorities. This decision came when he was 46 and facing life imprisonment on drug charges. Davis agreed to cooperate with authorities during this meeting.

In July 2023, approximately four years after the memoir’s release, Las Vegas police conducted a raid at the home of Davis’ wife in Henderson, Nevada. The police reportedly searched for items related to “the murder of Tupac Shakur.” During the search, they collected multiple items, including computers, a cellphone, a hard drive, a Vibe magazine featuring Shakur, .40-caliber bullets, two containers with photographs, and a copy of “Compton Street Legend.” These items were said to corroborate information obtained through the ongoing investigation.

September 29, 2023 – Duane Davis Arrested for Tupac Shakur Murder

Davis was arrested on September 29 while he was on a walk near his home. Chief Deputy District Attorney Marc DiGiacomo stated that Davis’ murder indictment was revealed shortly after the arrest. It was also mentioned that a grand jury had been seated in the case for “several months.”

In a press conference on the same day, Clark County District Attorney Steve Wolfson acknowledged the significance of the arrest. He noted that Tupac Shakur is a music legend, and the local and global communities had long-awaited justice for Tupac. Wolfson emphasized that this arrest marked the first step in pursuing justice.

The fallout is unclear, but Puffy looks like he is in trouble. He could try to flee to a country that does not allow extradition. This is typical of child molesters and other scofflaws to escape justice. However, it remains to be seen if Diddy would flee to a place like Switzerland or lawyer up and fight the charges after he gets arrested and deported to Las Vegas, Clark County, Nevada.

So now, let’s talk about the wrongful death case and how it could potentially play out.

Statute of Limitations Problems for Shakur Family or Estate Suing for Wrongful Death?

In New York and Nevada, the statute of limitations to sue for wrongful death cases is generally two years from the date of the person’s death. However, specific circumstances could affect the timeline in each state. Assuming a case could be brought in New York, the main difference would seem to be the discovery rule.

What is the Discovery Rule in a Negligent Death Claim?

The Discovery Rule is a legal doctrine that extends the statute of limitations to file a negligence claim with a court. It varies in existence and scope from state to state. It allows the clock on the statute of limitations to begin when the plaintiff (the person bringing the wrongful death claim) discovers or reasonably knows the cause of death or the relationship between it and the defendant’s alleged negligence or recklessness. New York does not broadly apply the Discovery Rule for wrongful death claims, but Nevada does.

Here, the plaintiffs will argue that they tried to sue the correct defendants they did know about, and when the police investigation revealed a confession, they could have sued Puffy. Diddy will counter that Tupac’s family knew about his involvement from books and news articles so that they could have sued him then. As such, especially in New York, he could argue that two years have passed since this was public information.

But it’s a stretch. This case could be brought in NY. Here, a Nevada court will likely side with the survivors and allow any lawsuits to proceed from the “date of discovery.” The date of discovery may not be ticking now. Right now, all we know is Puffy may be connected. Despite the swirling, perhaps untrustworthy confessions of a former gang member, we don’t see him arrested or indicted. Because of this, it could be too early to file a lawsuit against Puffy, but if it were me, I sure would! The overwhelming evidence we have investigated seems to lead to Diddy or his entourage.

It is noted that Diddy would likely be in a Clark County State Prison during the pendency of any civil death claims. Litigating a case with a defendant in prison isn’t easy, so the Shakur family must obtain top-notch legal representation against Diddy in managing such a delicate situation.

Conclusion on Suing P Diddy for Wrongful Death

Above, we have seen compelling evidence and details that Sean Puffy Combs may have been involved in the drive-by shooting death of Tupac Shakur. Whether he is convicted of Murder or not, as in the OJ case, the victims can still sue Diddy for wrongful death and perhaps as a survival action. Statutes of limitations in the murder case, as well as the wrongful death claims, were discussed. Do you think a lawyer can prove wrongdoing to the judge or jury that Diddy and the Crips worked together to take out Pac? Is Puffy a murderer? If you think we missed something, put it in the comments.

Citations:

• Sean Combs ‘Losing It’ After Tupac Shakur’s Alleged Murderer Threatens To ‘Rat Him Out’?
• 50 Cent Claims Diddy Ordered 2Pac’s Murder.
• Rolling Stone