Wrongful death is the demise of a person as a result of someone’s illegal actions or banal negligence, this person can be both a person and a firm. It is important not to confuse wrongful death lawsuits and criminal prosecution.
The wrongful death lawsuit is primarily a civil lawsuit, which is fundamentally different from criminal prosecution. Unfortunately, the provability of cases of murder or manslaughter in a civilian unlawful death is much lower than in criminal prosecutions in the same cases.
Many circumstances can be welcomed to a wrongful death lawsuit, such as: criminal activity, manufacturing defects, medical negligence, an automobile wreck, and the like.
Each individual state has its own vision of the law on unlawful death, with differences from the criterion of the death of a person itself, to the very procedure for filing a claim.
First of all, the deceased’s closest relatives can file a claim for wrongful death. Although this list of relatives may differ slightly in different states, the basis of this list of relatives is the same: wife, parents, children. In this case, the party that files the claim must prove the guilt of the other party in the death of a loved one, as well as show what detriment this person has caused for him or for the family as a whole.
In some cases, it is necessary to hire an economic expert so that he could calculate the approximate life expectancy of the deceased and the amount of lost losses and benefits. After that, the jury will be able to consider not only the income at the time of the person’s death, but also his potential income, if this person would remain alive.
But not only economic damage resulting from the death of a loved one can be compensated. Non-economic losses, such as pain and suffering from the loss of a relative, can also be reimbursed by the court. Reimbursement in this sulky may include interest, reflecting the death of a citizen or civilian.
In some individual states, they may even add additional punitive detriments to the sentencing, but only if the deceased died due to the very gross negligence of the accused or his gross negligence. But unfortunately, this addition to the sentences exists in rare cases and in far from all states.
As you could already understand, in order to receive indemnification, whether economic or not, you need to prove the guilt of the accused person’s death. And as the practice of many such cases shows, this is not so easy to do. It is in such cases, of which the majority is needed, a qualified specialist, namely an advocate.
The loss of a loved one is always a great stress in life, so do not put additional litigation on your shoulders, leave all the worries on a legal issue to an advocate. An advocate, based on his knowledge and experience, will be able to build a persistent and effective plan of action in order to win your case and achieve justice for you and your loved ones. A good counsel will not let the accused go unpunished, even in the jurisdiction of civil law.