Mark Glendon

What is a Lawsuit for Wrongful Death?

The loss of a loved one is always tragic. In cases, where someone is killed by another person's actions, the loss of life may result in criminal charges such as homicide or manslaughter. In civil court, however, the death may bring about a wrongful death lawsuit. This is a type of lawsuit that alleges that someone's death was the result of another person's actions.

A wrongful death lawsuit is not a criminal action. It is kept completely separate and is a wholly civil action. Even if someone is found not guilty of committing homicide in a criminal case involving someone's death, that person can still be sued for wrongful death in civil court. The two cases are related to the same incident, but they are governed by two sets of laws.

The Penalties in Wrongful Death Cases

Because wrongful death lawsuits are civil, someone found guilty in such a case will not face criminal penalties. This means that being found guilty in a wrongful death case will not result in prison time or any other criminal penalties.

Instead, fines, fees and other financial judgments may be issued against someone found guilty in a wrongful death civil case. This may be in addition to prison time handed down in a criminal case involving a death, but once again, the penalties are separate in the eyes of the law.

Proving Guilt

To prove guilt in a wrongful death case, you must be able to show that the opposing side's actions contributed to the death of the individual in question. Different states have different standards to meet to demonstrate this, but by and large, a person's actions must have directly or indirectly affected an outcome in which someone died.

In most cases, proving this in court requires an element of negligence or recklessness to be involved. Wrongful death cases usually fall under personal injury law, so you will want to review your state's personal injury statutes to determine the standards against which cases must be measured.

Author Resource:-

Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at estate planning services blog.