If you believe that a case of wrongful death has occurred during a crime, an experienced wrongful death lawyer can help you understand if you have a case and how to pursue compensation.
What Constitutes Wrongful Death During A Crime?
Wrongful death occurs when someone’s actions lead to the death of another person. When this happens during a crime, the legal consequences often extend beyond criminal charges to include civil claims filed by the deceased’s family. Families may pursue compensation for their loss, even while criminal proceedings are ongoing.
Can A Wrongful Death Lawsuit And Criminal Charges Happen At The Same Time?
Yes. Criminal charges are separate from a wrongful death lawsuit. Criminal cases are handled by the state to determine guilt or innocence and may result in penalties like imprisonment. A wrongful death lawsuit, on the other hand, is a civil case focused on securing financial compensation for the family of the deceased. Both cases can proceed independently of one another. If you require assistance with criminal charges you are facing alleging wrongful death, a criminal defense lawyer may be able to help you.
What Legal Options Do Families Have After A Case Of Wrongful Death During A Crime?
Families can file a wrongful death lawsuit against the person or entity responsible for their loved one’s death. This lawsuit allows them to seek damages for loss of income, funeral expenses, and emotional suffering. As attorneys like those at Wandres Law, PC can attest, pursuing a civil case provides families with a legal path to hold individuals accountable for the harm caused and to recover compensation for the financial losses that they have suffered as a result.
How Does Evidence Play A Role In These Cases?
Evidence is critical in both criminal and wrongful death cases. In criminal proceedings, the evidence must prove guilt beyond a reasonable doubt. In a wrongful death lawsuit, the standard is lower, requiring proof by a preponderance of the evidence. This means demonstrating that it is more likely than not that the defendant’s actions caused the death. Evidence like witness testimony, police reports, and medical records is often used in both cases.
What Happens If Someone Is Acquitted Of Criminal Charges?
An acquittal in a criminal trial does not prevent a family from pursuing a wrongful death lawsuit. Since civil cases require a lower burden of proof, it is possible to succeed in a wrongful death claim even if the accused is found not guilty in a criminal case.
Can Multiple Parties Be Held Responsible For A Wrongful Death During A Crime?
Yes. In some cases, more than one party may bear responsibility. For example, if an employer fails to follow safety protocols and an employee commits a criminal act that leads to a death, both the individual and the company may face liability. An experienced lawyer will investigate your case and help you determine the full scope of liability.
Contact A Lawyer Today
When wrongful death occurs during a crime, legal issues can be challenging. Consulting with experienced attorneys in these situations can help ensure the responsible parties are held accountable while you receive the justice and compensation that you deserve.