Wrongful death suits are not criminal cases, they are civil lawsuits and the two should not be confused.
Many people tend to struggle with the definition of a wrongful death suit. Simply put, it’s a death that comes about as the result of someone else’s negligence. That is the basic definition, but if you added in recklessness and irresponsibility, you’d have a fairly good idea of the foundation of a wrongful death suit.
The other factor that needs to be understood is that there are still grounds to file a wrongful death lawsuit even if the death was the result of the “lack” of necessary actions that caused a death and it was unintentional.
Who benefits in a wrongful death suit? It is not the deceased. In most instances, it is the family of the deceased who may receive compensation. The compensation awarded in cases of this type is for economic/financial purposes. E.g. the family is without financial support because of the death and thus, any awards made would assist them to live. Of course, the award may also help deal with the expenses of medical bills and the funeral.
Wrongful death cases also deal with the area of emotional pain of losing a loved one. It’s not easy to put a price on grieving, however the courts make an effort to take the pain of losing a loved one into consideration in their awards. The bottom line is that wrongful death cases are really about making life easier financially for those left behind.
If you have lost a loved one to a tragic accident that you feel was the result of negligence on the part of someone else, speak to a highly qualified wrongful death attorney. S/he will assess your case and let you know precisely what your rights are and what would happen if your case were taken to court.
When speaking to your attorney, that is your chance to ask other questions about standards of proof required in this type of case, the statute of limitations and how the courts go about assessing compensation. While some of the information you receive may be confusing, your attorney will assist you in understanding what it all means. At this point, you will be able to make informed decisions about how to proceed with your case.
Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.