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You are here: Home: >> Public: >> Accident & Injury Law: >> Wrongful Death

Wrongful Death

Wrongful Death: death that is caused by the wrongful act or negligence of a person or entity and that serves as the basis for a civil action for damages on behalf of the decedent’s heirs.

Wrongful Death VS Criminal Homicide

While both wrongful death and criminal homicide involve the death of an individual, there are distinct differences in the terms of court proceedings that separate the two.

During a wrongful death lawsuit, the estate of the deceased attempts to recover damages in a civil court proceeding. Criminal homicide cases involve criminal court proceedings during which a state prosecution seeks a prison sentence for the accused. Both proceedings can occur for the same death.

In a wrongful death claim the must prove that the is (more likely than not) by a preponderance of evidence. However, in a criminal homicide , the prosecution must prove guilt beyond a reasonable doubt. This results in a higher burden of proof than in a for wrongful death.

Pecuniary Loss

In a wrongful death settlement, it’s possible that a defendant may be liable for pecuniary losses incurred by the family members as a result of the death. Compensation of damages are usually limited to spouses, children and, in some cases parents. They may include:

  • Lost Earnings
  • Medical and Funeral Expenses
  • Financial Support that the Decedent may have provided in the Future

Certain situations in a wrongful death case may result in minimal recoveries by the decedent’s family. One instance of minimal would be when the decedent is an elderly person and holds minimal future earnings. When the deceased is a child, the speculative future earnings can make calculating damages extremely difficult.

Punitive Damages

In some cases, are awarded as punishment to the guilty party. This is seen in cases of malicious wrongdoing.

In most states, punitive damages can not be awarded in a wrongful death settlement. However, specific statutes in certain states allow the recovery of such damages. In states that do not hold statutes allowing punitive damages, a court may determine that such damages are permissible.



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