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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 Ignites Nasty Custody Battle Over Victimaposs Kid NY New Yo...
New York Daily News Wrongful death ignites nasty custody battle over victim39s kid NY New York Daily News A nasty custody battle has erupted over a 2 year old girl whose mother was beaten to death in Brooklyn after the NYPD failed to properly answer a 911 call. Tonie Wells, 22, was strangled and thrown down a flight of stairs by her husband, Barry Wells Deadbeat dad looking to cash in on ex39s tragic death New York PostNew York Post all 2 news articles raquo

CTA Approves 1.5 Million Wrongful Death Suit In Death Of 19monthold Girl Chi...
Chicago Tribune CTA approves 1.5 million wrongful death suit in death of 19 month old girl Chicago Tribune The Chicago Transit Authority board on Wednesday approved a 1.5 million settlement for the family of a 19 month old girl who was fatally struck by a bus in May 2014. Authorities said Cherish Meyers died after she darted into the street near the 7700

Who Can File A Wrongful Death Lawsuit Jackson Clarion Ledger
Jackson Clarion Ledger Who can file a wrongful death lawsuit Jackson Clarion Ledger In the past, most wrongful death lawsuits were filed through an estate, according to Rep. Ed Blackmon Jr., D Canton, author of House Bill 1091, that was passed by the Legislature this year and signed into law by Gov. Phil Bryant. Blackmon said the bill

Family Of Mentally Ill Man Files Wrongful Death Claim With San Diego County ...
NBC 7 San Diego Family of Mentally Ill Man Files Wrongful Death Claim With San Diego County NBC 7 San Diego A San Diego family has filed a claim against the San Diego County Sheriff39s Department alleging their mentally ill son was mistreated while in the central jail. Paul Silva, 39, was rushed to the hospital on February 22, 36 hours after he was taken into

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Facts of Law about wrongful death legality

Facts of Law - Wrongful Death