Where Is Wrongful Death Tried

Wrongful death is a legal claim made in civil court that asserts someone is liable for the death of a person

. The term "liable" is a legal term that essentially means that someone is responsible for the killing of another human being.

Typical Wrongful Death Cases

Wrongful death claims can be brought about for many different reasons. One common wrongful death lawsuit is against a doctor or medical establishment in the case of negligence. If a person under a doctor's care dies because the doctor was negligent, then the surviving family members may have a case for wrongful death.

Civil versus Criminal Court

Wrongful deaths may also be pursued in civil court after a criminal court finds a person guilty of killing someone. In some cases, a person does not need to be found guilty in criminal court; a plaintiff in a civil suit for wrongful death needs only to prove their case by a "preponderance" of evidence. This differs tremendously from criminal court, in which the prosecution must prove its case "beyond a reasonable doubt." It is through this legality that individuals who kill others (either as a "willful act" or negligence) are forced to pay for their crimes not only in prison, but also through monetary compensation to the family of the victim.

Wrongful Deaths and Compensation

Civil lawsuits are almost always linked to compensation. For example, if a person can prove that a loved one died due to either negligence or a "willful action" that caused the death of someone else, that person may be entitled to significant monetary compensation, otherwise known as "damages." In some cases, corporations can be held liable in wrongful death suits and must pay out millions of dollars to family members whose lives they have damaged. Additionally, courts sometimes award punitive damages on top of the regular compensation. As its name implies, punitive damages are awarded as punishment against the perpetrator, and to serve as a deterrent for both the person and/or company to avoid future lawsuits.

Precedents

Doctors, hospitals, nursing homes, private individuals, vehicle manufacturers, public transportation companies, police departments and cities have all been successfully sued in the case of wrongful deaths.

Do You Have a Case for Wrongful Death?

Only a wrongful death attorney can answer this question. If one of your loved ones has died due to the negligence of a person or corporation, contact a wrongful death attorney immediately to see what your options are.

by: RW Tanner

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