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Wrongful Death

Wrongful death is the term for ending the life of another in a manner that is unlawful and unjustified as it pertains to a civil court matter.  In a wrongful death action, the aggrieved party is usually one or more family members of the deceased.  The defendant who caused the death is most often being sued for monetary damages.

The defendant has fewer rights and protections than in a criminal trial and the the standard of proof is usually the preponderance of the evidence instead of beyond the shadow of a doubt.  A defendant in a wrongful death suit may also find himself or herself the defendant in a criminal case of murder, manslaughter or other criminal charge related to the death.  The one type of court action does not exclude the other.

Under common law there was no provision to seek damages for a wrongful death.  Most States have now enacted laws that provide for civil judgments in addition to criminal penalties.  Civil trials for wrongful death only make sense if the family filing the suit can reasonably expect to recover money sufficient to pay for legal expenses, which can be quite high, and a reasonable award.

 

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Wrongful Death Suit Filed In Crash That Killed 3 Children, Mother Chicago Tr...
Wrongful death suit filed in crash that killed 3 children, mother Chicago Tribune A man was sued for his alleged involvement in a crash that killed a pregnant Beecher mother and her three children last year. The wrongful death lawsuit was filed Jan. 12 in Will County on behalf of Edward Schmidt, the husband and father of the victims

State Legislators Will Consider Changing QuotEvil, Discriminatoryquot Wrongfu...
TheStranger.com State Legislators Will Consider Changing quotEvil, Discriminatoryquot Wrongful Death Law TheStranger.com But when the Korean family of one slain student tried to file a wrongful death suit against the company, Ride the Ducks cited a provision in the state39s wrongful death statute to dismiss the case: a residency requirement. Along with just two other

Middlesex County Pays 20K In Wrongful Death Suit MyCentralJersey.com
MyCentralJersey.com Middlesex County pays 20K in wrongful death suit MyCentralJersey.com MIDDLESEX COUNTY Middlesex County has paid 20,000 to the estate of a 25 year old Woodbridge woman who committed suicide while at the county jail, following a wrongful death suit filed by the woman39s mother. The mother, Ellen Schubiger, however

Wrongful Death Lawsuit Filed Against Bus Company LaSalle News Tribune
Wrongful death lawsuit filed against bus company LaSalle News Tribune The lawsuit, originally filed in February 2016, followed the death of Joseph Marchiando, who while returning on a bus from a golf outing on Sept. 26, 2015, fell from the bus and out the door. Marchiando was flown to St. Francis Medical Center in Peoria

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Facts of Law about wrongful death legality

Facts of Law - Wrongful Death