What is a wrongful death claim?
Q: What is a wrongful death claim?
A: A wrongful death claim is a legal action against a person who may be held liable for causing another person's death.
Q: What are the grounds for a wrongful death lawsuit?
A: A wrongful death lawsuit may be based on claims of negligence, misconduct, or a criminal act, such as murder.
Q: Can a wrongful death lawsuit be filed if the accused person is charged with a crime?
A: Yes, a wrongful death lawsuit may be filed after a criminal trial if the person accused of causing the wrongful death is charged with a crime.
Q: Can a wrongful death lawsuit be won even if the accused person is acquitted of a crime that caused the death?
A: Yes, it is possible to win a wrongful death lawsuit even if the person is acquitted of a crime that caused the death because a wrongful death case has a lower standard of proof.
Q: Who usually brings a wrongful death lawsuit in a civil action?
A: Close relatives typically bring a wrongful death lawsuit in a civil action based on tort laws.
Q: Did the common law allow for wrongful death lawsuits?
A: No, the common law did not allow for wrongful death lawsuits as the right to bring a wrongful death claim belonged only to the deceased person and died along with that person.
Q: Do all U.S. jurisdictions allow for wrongful death cases?
A: Yes, state and federal laws now allow for wrongful death cases in all U.S. jurisdictions.
