The sheer length of time she’s been missing has prompted everyone to come to the chilling conclusion that Kathleen Durst is no longer alive. Most people who knew Kathleen are convinced that her husband, Robert Durst, murdered his wife, a belief that has prompted Kathleen’s grieving family to file a wrongful death civil case against Robert Durst.
If it were not for a reporter working for The Jinx, Robert Durst would most likely still be a carefree man enjoying his freedom. However the clever, skilled reporter coaxed a statement from Durst that sounded enough like a confession for the local DA to press multiple chargers against Durst, charges that include the alleged murder of Susan Berman, a woman Durst referred to as a lifelong friend. The same confession, which took place off-camera is what Kathleen’s family will use while they pursue the civil case against Durst.
Kathleen’s brother, Jim McCormack had this to say about the lawsuit he’s filing. “After 33 years of hell — really, there’s no other way to describe what our family has been through — we decided it’s time to sue.”
Durst’s confession was truly odd, the kind of thing most commonly seen in fiction. When he made it, he freely admitted to the reporter that he had in fact lied when investigating officers asked him about his wife’s whereabouts on the night she disappeared. Kathleen’s family plans to use that part of his statement in their case. They feel it is the ticket to beating the two-year statute of limitations the state of New York has issued on cases involving wrongful deaths.
What makes the civil case different from a criminal case is that the both sides share the burden of proof. In order to avoid a lawsuit, Durst needs to prove he didn’t know anything about his wife’s death and that he wasn’t responsible for her disappearance, something that will be difficult for him to do since speaking to The Jinx.
If you have lost a loved on in a similar tragedy, don’t give up hope. Just because the perpetrator escaped a guilty verdict in criminal court that it doesn’t mean there’s nothing you can do. There still might be. The best way to know for sure is by contacting a New York wrongful death attorney to look over the details of the case. When the New York wrongful death attorney does, there’s the chance that they might find something like Robert Durst’s confession that makes a civil suit possible.
Deciding to pursue a wrongful death civil suit won’t bring your loved one back, nor will it ease your pain and suffering. However, it can help insure that the person responsible for the death pays for their crimes and doesn’t make the same mistake again and you can get some closure. Your New York wrongful death attorney will stand by you throughout the entire process and do everything in their power to make sure you win your case.