Most people assume a wrongful death claim targets one defendant: the person who caused the death. The civil suit filed in the Gilgo Beach case challenges that assumption. It names the accused killer along with two of his family members, which raises a real concern for Long Island families about who can be held responsible in civil court.
The Lawsuit Behind the Gilgo Beach Headlines
Benjamin Torres, the only child of Valerie Mack, filed a wrongful death lawsuit in Suffolk County days before Rex Heuermann was expected to plead guilty. Mack disappeared in 2000, when Torres was six years old. The suit, filed by attorney John Ray, names Heuermann along with his ex-wife, Asa Ellerup, and their daughter, Victoria Heuermann. It claims Torres lost his mother’s care, guidance, protection, and financial support, and it seeks damages for the harm done to her before and after her death.
A Claim Can Reach More Than One Person
A wrongful death claim is not always limited to the person who directly caused the death. Depending on the facts, others may share civil responsibility. In this case, the complaint alleges that Ellerup and Victoria Heuermann knew of, concealed, or deliberately ignored facts about the crime, and that they profited from a streaming documentary tied to the case.
More broadly, a Long Island wrongful death action can name defendants such as:
- The person alleged to have caused the death.
- Individuals who helped conceal or benefit from the wrongful act.
- Property owners or businesses whose negligence played a part.
- Employers responsible for the conduct of an employee.
Each added defendant brings its own set of facts and defenses, which is why these cases often grow more involved than they first appear.
Proving the Allegations Against Others
Naming a defendant is not the same as proving liability. The attorney for Ellerup and Victoria Heuermann has called the lawsuit reckless and unsupported by any evidence. In a civil case, the family must show responsibility by a preponderance of the evidence, a lower standard than the one used in criminal court. That lower standard is one reason a civil claim can move forward and even succeed where criminal charges against a particular person are never brought.
The Deadline Question
New York usually requires a wrongful death action to begin within two years of the death. Torres has asked the court to set that deadline aside, pointing to his young age when his mother died and the long delay in identifying her remains. Courts can sometimes extend or pause the clock in limited situations, such as when a claimant was a minor at the time of the loss.
What This Means for Long Island Families
Cases like this one show that a Long Island wrongful death claim can be more layered than it first looks. Deadlines, the list of possible defendants, and the estate process all shape what a family can recover and how long they have to act. Sorting through those questions early tends to matter more than families expect.
A Long Island, NY wrongful death lawyer can review who may be responsible and whether any exception to the filing deadline applies to a specific situation.
If you have lost a family member and want to understand your options, the attorneys at Isaacson, Schiowitz & Korson, LLP can explain how a claim would work in your circumstances.
