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Frank,
They might bring suit themselves, without stating all the facts in the suit, but their attorney should not do it, unless they lie to them about the facts behind it, and he is totally ignorant to it. That is because it barred the one who did it or for an attorney to try to collect damages, if they claimed an injury while committing the crimes listed. "Recovery on a claim for relief in a tort action is barred to any person or the person's legal representative if any of the following apply".
If he is deceased, then their immediate family can't gain anything, "injury or loss for which relief is claimed in the tort action, recovery against a victim of conduct that, if prosecuted..". (not prosecuted, but if prosecuted).
Nor, do they need to be found guilty, or even charged, "regardless of whether the person has been convicted of or pleaded guilty to or has been charged with committing the felony, the misdemeanor, or the attempt to commit the felony or misdemeanor."
Yes, they can try to sue, but it would be thrown out, and we are allowed to sue for the damages they did, ask for court costs, and or bring a counter-suit if needed. All it takes is the police report, if it even went that far, and I do not see any attorney foolish enough to sue, knowing they can't collect.
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