What is a Wrongful Death Lawsuit?
When a person is killed as a result of the negligence or carelessness of another party, the victim’s survivors may be entitled to receive financial compensation for their injuries caused by the defendant’s improper conduct. A wrongful death lawsuit is designed to compensate a deceased person’s family members for their emotional loss, as well as medical bills, lost income including insurance benefits, and other damages following the death.
All states have civil wrongful death statutes in place, but the precise requirements for what injured parties must establish in order to prevail in court may differ from state to state. Because wrongful death is a civil claim rather than a criminal matter, the plaintiff’s burden of proof is generally measured by preponderance of the evidence, rather than the higher legal standards of clear and convincing evidence or beyond a reasonable doubt.
Lower Legal Burden for Wrongful Death Cases
The lower standard of proof for wrongful death claims means families may prevail in a wrongful death lawsuit even when a criminal case on the same facts would fail. A good and notorious example of this distinction between criminal and civil cases is the double-murder case against O.J. Simpson. The football legend was found not guilty in 1995 on criminal charges, but in 1997, a civil jury ordered him to pay his victims’ families $33.5 million in wrongful death damages.
Corporations such as tobacco companies and auto makers may also be held legally responsible for a wrongful death, just the same as individuals.
Wrongful Death Lawsuit Elements
Generally speaking, wrongful death plaintiffs must prove the following four elements in order to qualify for financial compensation for their loss:
• The death was caused, either entirely or in part, by the conduct of the defendant
• The defendant was negligent (careless) or otherwise liable for the victim’s death
• There is a surviving spouse, children, beneficiaries, or dependents of the deceased party
• Monetary damages resulted from the victim’s death
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