Personal Injury Law

Defendant of Chicago Wrongful Death Lawsuit Was Acquitted of Victim?s Murder

The family of a man who was stabbed to death in Hoffman Estates is suing the person acquitted of murdering him for Chicago wrongful death. The defendant, 30-year-old Joseph Biedermann, says that he stabbed Terrance Michael Hauser out of self-defense after the victim allegedly attempted to assault him with a dagger.

Biedermann stabbed Hauser 61 times on March 5, 2008. Hauser, 38, sustained wounds to his lungs, jugular veins, kidney, pancreas, and abdomen. Biedermann sustained minor injuries during the altercation.

The men met each other for the first time a few hours before the slaying at a local bar. Hauser asked Biedermann to come to his home. According to toxicology reports, Hauser?s blood alcohol content was .277. Biedermann had a BAC of .226.

During the criminal proceedings, Biedermann testified that after passing out, he woke up to find Hauser with a dagger and a sword. He says Hauser threatened to sexually assault and murder him, which is why he fought back.

Hauser?s family is upset that Biedermann was acquitted of the murder. In their Chicago, Illinois wrongful death complaint, they are seeking damages of over $50,000. The lawsuit accuses Biedermann of failing to conduct himself reasonably and properly when he committed battery, intentionally stabbed the victim, and murdered him. The complaint contends that Hauser?s death has deprived his son, a minor, of support and companionship and caused him anguish. The family also wants compensation for the suffering and pain that Hauser experienced before he died.

Cook County Wrongful Death
Even if an Illinois jury finds the person who you believe murdered your loved one not guilty in court, you may still be able to file a Cook County wrongful death lawsuit. A jury with a civil case need only find the defendant guilty by a preponderance of evidence. In a criminal case, the jury has to determine that the defendant is guilty beyond a reasonable doubt.

Wrongful death suit targets man acquitted in Hoffman slaying, Daily Herald, November 11, 2009

Man not guilty in suburban stabbing death, Chicago Breaking News, July 10, 2009

Related Web Resource:
Illinois Wrongful Death Act

Full post as published by Chicago Injury Attorney Blog on November 12, 2009 (boomark / email).