Nguyen: The Civil Suits Against Aaron Hernandez

Nguyen: The Civil Suits Against Aaron Hernandez

Being convicted of first-degree murder in the 2013 shooting death of his one-time friend Odin Lloyd is just the tip of the iceberg for Aaron Hernendez’s legal battles. Prosecutors are expected to shift their focus to the 2012 drive-by shooting murders of Daniel de Abreu and Safiro Furtado, for which Hernandez is also charged. That trial was put on hold until the completion of the Lloyd trial.  

But another criminal trial is not all that is in store for Hernandez. He faces wrongful death lawsuits brought by the families of the victims.  

Wrongful death actions are brought in civil court, separate and apart from criminal cases. A party can win in a wrongful death suit even if the defendant was not convicted of the underlying alleged crime.  Take the O.J. Simpson trial for example.  Simpson was found not guilty of the murders of his ex-wife Nicole Brown Simpson and Ron Goldman, but in a civil action a jury awarded his children $16.5 million for the wrongful death of their mother and $33.5 million to the victims’ families for their loss.  

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The Massachusetts Wrongful Death statute provides that a person who causes the death of another person by his negligence or willful, wanton or reckless acts, where the deceased person could have collected damages for his/her injuries had he/she not died, can be held monetarily liable to the estate of the deceased.  

Aside from reasonable funeral and burial expenses, a defendant can be held liable for the “fair monetary value” of the deceased person. While the phraseology may make us uncomfortable because it feels like it turns a person into a dollar figure, it is the only way that the courts can calculate what a family is owed for the loss of a loved one. “Fair monetary value” includes “loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort guidance, counsel, and the advice.”  

A defendant can also be held liable for punitive damages if the death was caused by malicious, willful, wanton, or reckless conduct or gross negligence. Punitive damages are meant to punish the defendant for his behavior and to set an example out of the defendant. Predicting punitive damages is difficult because you never know what a jury will think a victim’s family deserves. 

Lloyd’s mother has filed a wrongful death action against Hernandez, which was put on hold pending the criminal action. There is no specification of how much the family is claiming in damages against Hernandez. 

Abreu and Furtado’s estates have also filed wrongful death suits against Hernandez, which are also on hold for the time being. There, each family has made a claim for $6 million in damages.

To further complicate the situation, Hernandez’s former friend, Alexander Bradley, has filed a civil action against Hernandez for allegedly shooting Bradley in the face in Florida in February 2013, after the two got into an argument. Bradley claims that after Hernandez shot him, he pushed Bradley out of the car and left him in the road. Bradley has lost the use of his right eye and is seeking over $100,000 in damages.  

The problem with all civil lawsuits is that even if you win, oftentimes the other side doesn’t have the money to pay you your judgment. The lawyers for all the plaintiffs have likely done their best to identify what assets or funds that Hernandez has to pay any judgments against him. So far, we know that all plaintiffs have put a lien on Hernandez’s North Attleboro home, meaning that the value of the house is reserved to pay any judgment against Hernandez. Beyond the house, it is unclear what other assets Hernandez has at this time. The home was purchased in 2007 for around $1 million.  

How much the plaintiffs will be awarded and how the courts will divide Hernandez’s assets among them will be interesting to see. However, that is unlikely to happen for a while. 

Aivi Nguyen is a trial lawyer with the Law Firm of Bowditch & Dewey, LLP in Worcester.