Wrongful Death Lawyers Serving Maryland, Washington DC & Virginia
What To Do If Your Loved One Died Due To The Negligence Or Carlessness Of Another...
Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act.
Wrongful death is a civil action rather than a criminal action. Since the person who died (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so.
The intent is to compensate family members who have suffered monetarily and emotionally from the loss of their loved one. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.
Wrongful death is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives.
Historically, a dead person could not bring a suit, and this created a legal problem where activities that resulted in a person’s injury could result in civil sanction, but a person’s death could not.
Wrongful death is a civil claim, not a criminal claim, and in the United States, wrongful death is governed individually throught the states, although developed through common law, states have largely codified wrongful death law in their statutes.
The standard of proof in the United States is typically preponderance of the evidence (tort law) as opposed to clear and convincing or beyond a reasonable doubt (criminal law).
It is often easier for a family to seek retribution against someone who kills a family member through tort law than a criminal law prosecution. It should be noted, however, that the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person’s death (whether in the form of murder, manslaughter, criminally negligent homicide, etc) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson case).
If you believe a loved one died due to the act (or failure to act) of another, then we encourage you to call the wrongful death attorneys at Greenberg & Bederman to discuss your case free of charge. For a free legal consultation, please call 301-589-2200 or toll-free at 800-800-1144 or fill out our simple and quick free consultation form online.
