If a loved one dies because of the negligence or actions of another person, you may be able to collect damages by filing a wrongful death suit. Originally designed to provide an avenue for widows and children to obtain financial support, wrongful death statues let the deceased’s spouse, children, or other family members hold the responsible party accountable for his or her actions.
Wrongful Death suits are considered civil actions. They are separate from any criminal prosecution the person responsible may face in connection to the victim’s death, and neither affects the other. A person may not be convicted of a crime, but can still be found liable for the death by a civil court and made to make financial reparations to the family.
This is because the burden of proof is different for civil and criminal cases. In a criminal case, a person must be found guilty beyond a reasonable doubt. However, in a civil suit, only a preponderance of the evidence is required to find a person liable for another’s death. Even if the person could not be successfully prosecuted, you could still collect damages if you can prove the death was caused by the person’s actions.
A wrongful death suit is also the only way to get relief under the law if your loved one’s death was caused by a corporation. Due to their nature, companies cannot be prosecuted in criminal court for fatalities caused by their actions, services, or products; only individuals can. Family members of the person who died must file a wrongful death suit against the company to make it pay for the loss.
Although the burden of proof for wrongful death suits is much simpler, it’s still a good idea to hire a Wrongful Death Attorney in Poplar Bluff, MO to help you with the case. Defendants will have attorneys working for them to disprove your claim. A skilled and knowledgeable attorney will work with you to develop a strategy that increases the chances you will prevail in the courtroom. Contact a wrongful death lawyer today to see how the person can help you.