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.