Wrongful Death

What’s the Difference Between a Wrongful Death Claim and a Criminal Homicide Prosecution?

The primary difference between a wrongful death claim and criminal homicide case is that in the latter, a conviction can result in jail or prison time, as well as fines, probation, and more. Whereas, in a successful wrongful death case, the defendant (at-fault party) is liable for damages ordered by the court to be paid to the deceased’s estate. Other Differences Between Wrongful Death and Criminal Homicide Cases The criminal justice system is designed to provide accountability...
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Who Can Be Held Responsible for a Wrongful Death?

Who can be held responsible for a wrongful death will depend on the specific circumstances of your case. There are a wide variety of people and companies that wrongful death claims can be brought against. Common Liable Parties in Wrongful Death Claims Some of the most common types of wrongful death cases, including the parties who are liable, are as follows: At-Fault Drivers Fatal accidents involving all types of vehicles happen daily, and there are many reasons...
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When Does a Death Qualify for Wrongful Death?

When a person is killed in a preventable accident, it is generally considered a wrongful death. A wrongful death occurs when another party unlawfully causes a death by acting recklessly, negligently, or intentionally. Elements of a Wrongful Death Case The following elements determine whether a death qualifies as a wrongful death: A human being died; The victim was killed intentionally or due to the negligence of another; Surviving family members of the deceased suffered financial losses due...
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Funeral Expenses in a Wrongful Death Claim

The unexpected loss of a loved one is devastating, especially if their death was preventable. When someone else’s negligence is responsible, the surviving family shouldn't have to wonder how to shoulder the financial burden as well. A wrongful death claim can help you secure financial compensation for the tragic losses you and your family have suffered, including funeral expenses. Average Costs for a Funeral The average cost for a funeral with a viewing and burial in 2021...
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Is an Autopsy Necessary in a Wrongful Death Case?

When a loved one dies, it may not always be evident that another party was responsible. An autopsy will do a few different things, but its primary purpose is to prove why the person passed away from a medical and scientific standpoint. This proof can then be used in a wrongful death claim and in court. When Is an Autopsy Necessary in a Wrongful Death Case? An autopsy is not a legal requirement in wrongful death cases...
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