Without knowing all of the details in your case that could potentially affect your eligibility to receive compensation, generally you can file a wrongful death claim even if the defendant in your case was arrested, is incarcerated, and/or is currently going through the criminal process. A wrongful death claim is a civil action, which is completely different than a criminal investigation and conviction, even though both processes began with the same incident.
One of the important reasons to seek assistance from an experienced West Palm Beach wrongful death attorney is that there is often more than one source of liability. Other potential sources include the owner or manager of the property at which the violent act occurred for failing to provide adequate security for guests, or even other individuals who heard threats of violence and had a duty to act.
More sources of liability often result in more insurance policies that can provide compensation.