When you lose a loved one under suspicious circumstances, it is easy to jump to the conclusion that something criminal must have happened. However, this is not always the case. On the other hand, suing someone in criminal court is not the only option for receiving retribution after the death of a loved one. You could also pursue a wrongful death case in civil court to receive whatever damages you may be owed after the death of your loved one.
Why Choose a Wrongful Death Case?
If you know that someone was responsible for the death of someone you care about, you need to know that the responsible party may not have done anything criminal. For example, a worker at a climbing facility who failed to properly attach a harness may have been responsible for the harness malfunctioning and thus the fall that lead to a death. However, the worker, in this case, as long as they did not have criminal intent, did not do anything criminal. Thus, if you try to sue them for murder, you will likely throw a lot of money and resources into a losing battle. Just because you could not win a criminal death case, you should assume that you could also not win a wrongful death case.
What Do You Gain By Pursuing a Wrongful Death Case?
When you pursue a wrongful death case, you are not asking for the offending party to be punished. Instead, you are suing for damages, which can include loss of income, medical costs associated with the death of your loved one, and pain and suffering. In the civil case, your goal should be to recover your losses rather than in someone way punish the "guilty" party or compensate for the loss of your loved one. After all, how much money is a human life worth? Because the consequences are less severe in a civil case, the burden of proof is also lower. Thus, you may be able to win a civil wrongful death case using the same evidence that would fail to make your case in a criminal court. This was exactly the case with OJ Simpson who was famously acquitted of murdering his ex-wife but was later found guilty for her wrongful death.
If you are wondering if you could pursue a wrongful death case, you should talk over your case with a lawyer, like Powers Law. In many cases, lawyers will offer a free initial consultation, so you don't stand to lose anything by scheduling an appointment to talk about the circumstances which you perceive to indicate a wrongful death.Share