Wrongful Death: Recourse for a Wronged Family
As I have reviewed in my previous articles, there is a significant difference between civil and criminal cases.
While criminal cases require that guilt be proven beyond a reasonable doubt, in a civil case, it is only necessary that the accusing part prove their side beyond the preponderance of evidence, or put simply "more likely than not.
" For this reason it can actually be easier to sue someone for wrongful death than to expect their incarceration via the criminal courts.
But what is wrongful death exactly? What should a family do in the event a loved one is killed due to the negligence or viciousness of another? Wrongful death, like many civil tort laws, can be somewhat clear.
Oftentimes the decision the judge or jury has to make lies somewhere in the "grey area" of the law.
In Arizona, the statute is complex but understandable.
ARS 12-611 states: "When death of a person is caused by wrongful act, neglect or default...
the person who or the corporation which would have been liable if death had not ensued shall be liable...
and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter..
" What this amounts to is that if a person dies under circumstances which would allow them to claim losses if they were injured instead, their family may file suit under the wrongful death statute.
The last sentence explains that effectively it is a civil trial to determine culpability for first or second degree manslaughter.
This occurs often when corporations cause the death of a person through negligence.
Normally, a corporation could not be sued directly, especially and obviously not for murder.
What are you going to do, throw a fast food chain in jail? Under wrongful death tort law, the company can be held to the standard of the preponderance of evidence for manslaughter.
There have also been circumstances in which a person is charged criminally for homicide and is cleared, and then is sued in civil court and loses.
This happened in one very high profile case, and resulted in significant damages awarded for the accusing party.
Surprisingly, wrongful death suits can affect seemingly innocent parties as well.
There have been situations in which a burglar or other trespasser was killed in the act of a crime, and their family sued for wrongful death.
For this reason it is important to hire an attorney if someone is killed on your property, regardless of the circumstances.
As with any kind of injury, any time there is a death that could be blamed on you or your family, contact an attorney for legal advice immediately.
Don't gamble your freedom or your house on civil tort law: you may lose.
While criminal cases require that guilt be proven beyond a reasonable doubt, in a civil case, it is only necessary that the accusing part prove their side beyond the preponderance of evidence, or put simply "more likely than not.
" For this reason it can actually be easier to sue someone for wrongful death than to expect their incarceration via the criminal courts.
But what is wrongful death exactly? What should a family do in the event a loved one is killed due to the negligence or viciousness of another? Wrongful death, like many civil tort laws, can be somewhat clear.
Oftentimes the decision the judge or jury has to make lies somewhere in the "grey area" of the law.
In Arizona, the statute is complex but understandable.
ARS 12-611 states: "When death of a person is caused by wrongful act, neglect or default...
the person who or the corporation which would have been liable if death had not ensued shall be liable...
and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter..
" What this amounts to is that if a person dies under circumstances which would allow them to claim losses if they were injured instead, their family may file suit under the wrongful death statute.
The last sentence explains that effectively it is a civil trial to determine culpability for first or second degree manslaughter.
This occurs often when corporations cause the death of a person through negligence.
Normally, a corporation could not be sued directly, especially and obviously not for murder.
What are you going to do, throw a fast food chain in jail? Under wrongful death tort law, the company can be held to the standard of the preponderance of evidence for manslaughter.
There have also been circumstances in which a person is charged criminally for homicide and is cleared, and then is sued in civil court and loses.
This happened in one very high profile case, and resulted in significant damages awarded for the accusing party.
Surprisingly, wrongful death suits can affect seemingly innocent parties as well.
There have been situations in which a burglar or other trespasser was killed in the act of a crime, and their family sued for wrongful death.
For this reason it is important to hire an attorney if someone is killed on your property, regardless of the circumstances.
As with any kind of injury, any time there is a death that could be blamed on you or your family, contact an attorney for legal advice immediately.
Don't gamble your freedom or your house on civil tort law: you may lose.
Source...