- Only the surviving family members have the right to file a wrongful death suit; claims cannot be filed under the decedent's name. Wrongful death claims fall mostly under civil law, as it is difficult to win a case demanding a criminal trial in such a situation. Usually the family files a claim to compensate for loss, whether the loss is of monetary value or emotional hurt.
- Why are wrongful death cases often civil trials instead of full-fledged criminal proceedings? The reason is that the burden of proof (the prosecuting party's responsibility to prove guilt) is different between criminal and civil suits. First, criminal cases are brought to the court in the name of the state while civil cases are in the name of the individuals filing the claim. Second, in criminal proceedings, one must be found guilty "beyond a reasonable doubt." In civil cases, the party must be found guilty by a "preponderance of evidence," which is just by 51%.
- A person does not become a legal citizen until the moment of birth, therefore the death of an unborn fetus cannot fall under a wrongful death statute.
- Each state has specific laws as to how long one has to file a wrongful death claim. Oftentimes, the deadline is between one to three years. Check with your state's laws because the statute of limitations begins either at the time of death or when the wrongful death was discovered. Circumstances can muddle the way in which the family can respond. For instance, if the statute of limitations begins at the time the accident occurs, but the person is injured for a while before dying, the statute of limitations may have expired before a claim can be made.
- Wrongful death suits are heard by a jury which may impose any amount of damages it feels is warranted. The award, however, can be reviewed by the judge and reduced if she feels it is excessive. States may also limit the damages awarded in a wrongful death suit.
previous post
next post