A civil suit for wrongful death is a legal claim that can be filed by the surviving family of the deceased. This lawsuit requires the defendant to pay damages to the injured party. This compensation may include punitive damages as well. A plaintiff must prove fault through a preponderance of evidence.
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Wrongful death damages vary, and they can include pain and suffering suffered prior to death, costs incurred prior to death, and funeral and burial expenses. These damages can even include the loss of inheritance or services rendered by the deceased person. In addition, wrongful death claims may touch on the loss of love and companionship.
A wrongful death claim can also be filed if the death was caused by the negligence of another person. In some cases, the wrongful death can be caused by a defective medical device or by a negligent person. In these cases, the victim’s family may seek compensation for the loss of financial support or companionship.
A wrongful unlawful death lawsuit may also result in a criminal case. While a criminal case seeks to punish the person who caused the death, a civil lawsuit seeks to make amends for the wrongful death. The burden of proof is lower in civil cases than it is in criminal cases.