Wrongful Death

What is Wrongful Death?

Wrongful Death is classified as an incident that results in the premature, untimely, or preventable death suffered by a person or persons.

The Difference between Wrongful Death and Murder

While Wrongful Death and murder both result in a fatality, which can be defined as untimely, the two legal terms differ both in the legal specialty on which they rely, as well as the applicable court of law in which they are tried:

Legality

The primary difference between murder and a Wrongful Death suit is the nature of the lawsuit; murder can be tried by a criminal court under within the realm of criminal law, while a Wrongful Death claim can only be tried in a civil court within the realm of civil law.

Restitution

While a guilty verdict with regard to a criminal lawsuit can result in punitive measure such as incarceration, a Wrongful Death lawsuit tried in a civil court can only result in compensatory measures.

Wrongful Death vs. Wrongful Injury

While injuries sustained as a result of negligent or criminal actions can be tried in a criminal court, Wrongful Death resulting from negligence or criminal activity can only be tried in a civil court

Wrongful Death as a Secondary Measure

In the event that a case involving the death of an individual resulting from criminal activity or negligence is brought before a criminal court and dismissed, the plaintiffs can utilize a Wrongful Death suit as a contingency measure with regard to the initial claim. A Wrongful Death suit allows a previously dismissed incident resulting in death to be retried in a civil court. As previously stated, a guilty verdict cannot render jail time, but it can result in compensation awarded to the plaintiff(s); in many cases, this is a means of solace for the family members of the victim.

Intent

Whether an incident resulting in Wrongful Death results from criminal intent or negligence, it is unable to be tried in a criminal court

Wrongful Death Assistance

The procedure utilized to determine liability and establish fault with regard to a Wrongful Death differs on a case by case basis, including any individual role(s), accountability(s), and previous criminal trials undertaken within the scope of the Wrongful Death case in question:
•    the satisfaction of all required documentation prior to the filing a Wrongful Death claim should be completed to the fullest extent - in a detailed fashion. This can include accident reports, police reports, witness accounts, evidence, expert testimony, and any documentation reflecting any previous trials existing outside of the scope of civil law in which the incident in question was tried
•    In the event that an individual experiences difficulty understanding the circumstances and procedures involved, they are encouraged to consult an attorney specializing in criminal law, civil law, wrongful death, recovery, and litigation.
•    In the event in which an agreement was not or cannot be reached between all involved parties in a criminal court upon the filing of a murder claim, the case will be brought to trial before the applicable civil court as a Wrongful Death suit.