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Jacksons -- Problems With Wrongful Death Suit

9/9/2009 2:40 AM PDT BY TMZ STAFF

Michael Jacksons -- Problems With Wrongful Death SuitVarious members of Michael Jackson's family tell TMZ they are already talking about lawyers who might rep them in a wrongful death lawsuit against Dr. Conrad Murray and others ... but Jackson's death may prove to be such an economic bonanza that it could torpedo a lawsuit.

In California, Jackson's immediate family could sue for the economic loss they have suffered by Jackson's death -- e.g., the financial support Jackson could have provided had he lived. Here's the problem -- Jackson's death may actually be an economic gain.

It's already becoming clear Michael Jackson is more profitable in death than he was in the last years of his life. Therefore, even if lawyers proved Dr. Murray and others were responsible for Jackson's death ... they could still come up with goose eggs.

The family could also recover for non-economic damages such as loss of companionship and love. The problem -- in California, if the lawsuit is based on malpractice against a medical provider, these damages would be limited to $250,000 total.

The final possibility -- 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. But in California, punitive damages have to bear some relationship to damages for economic or non-economic losses. Typically punitives are limited to nine times those damages.

It ain't as easy as it seems.

214 COMMENTS

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1.

elaine    

If Michael had lived and completed the concert tour his earnings would have been even greater than they are now. Also, Jackson would have released new tracks & old never published before. It could have been huge. Plus he may have taught his children in some way to continue his legacy. "despicable conduct." - should be no problem proving that now.

1783 days ago
2.

Val    

IMO Conrad Murray euthanized Michael Jackson and it really bothers me that the law might let him walk. I don't want to believe that money would prevent Katherine from pursuing a civil suit against Murray.

1780 days ago
3.

Sara    

God, why don't people talk about Michael being murdered. It is all about money. The person, or people who killed him have to pay. The people who thing they got away with it should know that, MJ's fan might not talk about it much but it is on each and everyone of us minds. Michael was like a member of our family and we won't rest until justice served.

1761 days ago
4.

cherryrn    

Justice for Michael who was the victim of a homicide. For his children also who can't do anything about it. The world need this to come to trial . If La could waste money on a untrue allegation, it now can pay for justice for Michael in court.

1783 days ago
5.

mrez golucky    

Yikes!

1808 days ago
6.

balls    

not simone

1808 days ago
7.

Simone    

Fourth ou third?????

1808 days ago
8.

Simone    

1, 2 and 3 are the same person!!!! You freaks!!!!!!! :P

1808 days ago
9.

balls    


beat it, simone, i don't want you here.

1808 days ago
10.

Look at all the WJ spermette cheerleaders on TMZ. WJ rahrahrah!    

Awwwww, bummer. Kids don't need the extra money.

1808 days ago
11.

Look at all the WJ spermette cheerleaders on TMZ. WJ rahrahrah!    

Nice wig. Gorgeous lipstick.

1808 days ago
12.
13.

Brad    

You people believe anything and everything the media throws your way! Michael Jackson is not dead.

1808 days ago
14.

LoveHimMore    

No problem. The Jacksons have an excellent case anyway. And they will win. Maybe we fans should join in for a huge global class action suit.

1808 days ago
15.

Paparazzo@frog.cc    

MJ was murdered.

1808 days ago
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