Members of Michael Jackson’s family are already speaking to attorneys who might represent them in a wrongful death lawsuit against Dr. Conrad Murray.
Under normal circumstances, Murray would certainly be found responsible and face consequences – or at least tried in court to see if he should be liable.
But in this case, Jackson’s death may prove to be such an economic windfall – rather than a detriment to the family – that it could make a lawsuit moot.
Michael Jackson’s family could sue for the economic loss suffered by his death – e.g., the financial support Jackson could have provided had he not died.
But in reality, Jackson’s death may be an economic gain. It’s clear Michael Jackson is more profitable in death than he was in the last years of his life.
So even if lawyers proved Dr. Conrad Murray and others were responsible for the King of Pop’s demise, securing compensation could be a hard sell.
Making Dr. Conrad Murray pay up could be a long shot.
The family could also seek compensation for non-economic damages such as loss of companionship and love, but the settlement amounts are capped at $250,000 if the lawsuit is based on malpractice against a medical provider, as is the case.
If the family could prove the defendants acted with malice, they could get punitive damages. “Malice” includes proof of “despicable conduct.” The family could also win punitive damages if the defendant is convicted of felony homicide.
However, punitive damages must bear a relationship to damages for economic losses. Again, in Michael Jackson’s case, it’s hard to say if there are any.
In the end, the homicide investgation (which could lead to criminal charges) into Jackson’s death and Conrad Murray’s conduct could be the end of it.