Wrongful death occurs when someone causes the death of another, resulting in criminal and civil liability. Survivors can claim damages, and compensation depends on the circumstances. Civil attorneys specialize in these lawsuits, and the standard of evidence is lower than in criminal trials.
An unjust death is a death caused by someone else’s actions, whether intentional or not. If the reasons for the wrongful death can be established, the survivors of the deceased have the potential to claim damages. In a wrongful death lawsuit, the survivors essentially sue on behalf of the deceased, as the deceased is no longer able to speak for themselves.
When someone causes the death of another human being, they expose themselves to both criminal and civil liability. If, for example, someone is shot and killed with a handgun, the shooter may be charged with murder in a criminal case, and then face a wrongful death action in civil court. In the murder trial, the murderer might be convicted and sentenced to prison, while in the civil trial, the murderer might be obligated to compensate the victim’s survivors.
Wrongful deaths can be intentional, such as in the case of a shooting, or accidental, such as in the case of a death caused by negligence, such as a drunk driving accident or a fight. Wrongful homicide lawsuits can be filed when the defendant did something that caused the death of someone else and the survivors of the deceased suffered emotional or financial damage as a result of the death. Damages awarded in a wrongful death lawsuit may include funds to offset the cost of medical bills and a funeral, along with funds to compensate for the deceased’s loss of income, services, and emotional support.
The amount of compensation awarded in a wrongful death lawsuit depends on the circumstances. The jury usually takes into account information provided in the trial, such as the average income of the deceased and his or her role in the lives of the survivors. Issues such as pain and suffering on the part of the deceased prior to death may also be considered, along with the nature of death.
People who wish to bring a wrongful death lawsuit usually consult with a civil attorney, an attorney who specializes in these types of lawsuits. Civil attorneys also deal with matters such as malpractice suits and other situations where people are suing for damages. The standard of evidence in civil trials is usually lower than in criminal trials, allowing for a wider range of information to be introduced to support the case and push for a larger award.
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