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5 Wrongful Death Facts You Should Know

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Learn about these common wrongful death facts. 

Here are some wrongful death facts you should know:

  1. A wrongful death claim may be pursued if a person is killed because of another party’s negligence or intentional actions.
    The purpose of wrongful death claims is to hold a party liable for a death.
  2. Wrongful death is a civil action and is separate from criminal action.
    Criminal action requires a higher burden of proof, so when criminal actions fail, parties often turn to civil action for compensation. A party can be prosecuted criminally as well as civilly, meaning they can be charged with murder as well as wrongful death.
  3. Wrongful death claims are different from personal injury claims in a few ways.
    The victim of a wrongful death claim is deceased, whereas, the victim of a personal injury claim is the one bringing the suit. Representatives of the deceased person’s estate often bring up wrongful death claims. Both wrongful death and personal injury claims fight for lost wages and medical treatments. Wrongful death claims also sue for funeral costs, while personal injury claims sue for pain and suffering.
  4. To prove a wrongful death lawsuit the plaintiff only needs to provide a preponderance of evidence.
    In other types of lawsuits, the plaintiff may need to show a much higher standard of proof or clear and convincing evidence.
  5. The most common wrongful death cases are the result of car accidents, medical malpractice claims and construction accidents.

Learn more wrongful death facts. Each state has different laws pertaining to wrongful death lawsuits. It’s important to speak to an experienced personal injury attorney in your state to learn more about the laws relevant to your case.

Contact KAPIN PLLC

Contact KAPIN PLLC

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