What to do after a wrongful death- What Constitutes A Wrongful Death Claim

When someone is tried in criminal court, they are tried by the highest standard of confidence — “guilty beyond a reasonable doubt.” Not so in a wrongful death case. These cases are lawsuits that follow after a criminal trial. They do not establish criminal wrongdoing with a dui lawyer Sacramento, but they do result in some sort of recompense for the victims (assuming that a guilty verdict is returned). Every state has different criteria, called statutes, for what might constitute this sort of case. However, many similar veins can be found in the search for a common link. One of these veins is that of the standard of proof. These cases can be concluded simply on the ‘preponderance of evidence,’ far below the “beyond a reasonable doubt” required in a criminal court.



A wrongful death lawsuit always includes the death of a human being; animals do not count. The death is caused by the actions of another, but these can fall under a broad range. The death can be assigned to negligence, non-meditated intent, premeditated intent, or a combination of the three. A wrongful death attorney or a Personal injury lawyer Allen Texas has a much easier time of it than a criminal prosecutor, as the wrongful death attorney merely has to prove that the actor was at fault, not that they intended to cause harm. Some examples of the kind of cases that might be involved in a wrongful death suit include:

– 18-wheeler accidents
– Medical malpractice
– Criminal behavior
– Occupational hazards

As is immediately evident from this non-exhaustive list, many cases count as instances of the issue.


It might seem a bit difficult to attach a monetary value to a human life, and it is indeed hard to do so. Most states have statutes that include the recommended recompense to the victims. These are called pecuniary injuries, and they include everything from loss of support to inheritance to funeral expenses. These items also accrue interest from the date of death on to the final court date. Some of the damages might not be so tied to finances, including the loss of parental guidance suffered after the death of a father or mother. In these cases, the wrongful death attorney or auto accident attorney chula vista must make a convincing argument for the sum demanded.


Jury Decision

Unlike criminal lawsuits, these sorts of cases fall to the jury to decide. The jury determines the amount of the damages at the end of the display of evidence and the arguments from each side. The jury’s word is not absolutely final, as the amount can be changed based on factors from the deceased’s life. No matter what state you are in, the jury will have the main say in the case. A good wrongful death attorney, then, will be able to present the case in a legally founded yet accessible way to appeal to the common sensibilities of the jury so call a a strong powerful legal rep.

Wrongful death and survival claims can also involve a claim for Punitive Damages against the at-fault party. When a person commits grossly negligent, malicious, or intentional acts, the court will award Punitive Damages to the family to punish the wrongdoer which is why you need a law firm.

What will a lawyer do for a family who has suffered a wrongful death?

Leave a Reply

Your email address will not be published. Required fields are marked *