Wrongful Death
Wrongful death is a civil action rather than a criminal
action; the distinction being that a civil case resolves
a dispute between two parties, while a criminal case
involves the enforcement of law. When an individual
dies as a result of actions or inactions of another,
the deceased’s family or representatives of
their estate may file a wrongful death suit to compensate
for mental and/or emotional suffering, lost wages
or benefits, or loss of companionship.
A defendant can be held liable for wrongful death
only if their conduct can be proven to have been
the cause of the death. With such proof, the span
of time between the defendant's action or inaction
and the death of the deceased is not a factor. Mitigating
factors include the possibility that the deceased
was partially responsible for his or her death (comparative
or contributory negligence), or the failure of the
deceased to seek proper and timely medical care.
If fault is found, civil cases are resolved with
monetary damages. These can be awarded based on actual
expenditures such as medical bills and loss of future
earnings, or on less easily quantified factors such
as loss of companionship. Punitive damages may also
result, but can typically only be awarded where the
action or inaction of the defendant was grossly negligent
or even intentional.
If you believe you may have a wrongful death case, contact us today for more information.
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