Wrongful Death Claim

Wrongful death is a claim in tort against a person who can be held liable for a death. The claim is brought in a civil lawsuit, typically by close relatives of the deceased. If you've lost someone you love due to negligence, or medical malpractice, see if you qualify for a Wrongful Death Claim lawsuit by filling out this simple form today.

Unlike criminal law, private parties can bring the suit for a wrongful death claim. The defendant in a wrongful death claim lawsuit has fewer due process and Constitutional rights such as immunity or the right to refuse to testify. The standard of proof in a wrongful death claim lawsuit is typically "preponderance of the evidence" as opposed to "clear and convincing" or "beyond a reasonable doubt." For all these reasons, it is often easier for a family to seek retribution against someone for a wrongful death claim using the tort law rather than the criminal law. It should be observed, however, that the two law suits are not mutually exclusive. A person can be prosecuted criminally for bringing about a person's death (whether by murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued in civil action with a wrongful death claim.

As a technical legal matter, a wrongful death claim is not a tort claim. In most, if not all states of the United States, there was no common law right to recover damages for the wrongful death of a person. However, now the states have each enacted statutes to correct this flaw in the law so that there is a right to such recovery. It is true that the issue of liability will be determined by the tort law of a given state, but this is only because the statute incorporates the tort law as the law of liability. For this reason, a wrongful death claim does share much in common with a tort claim, but it is still based on statute and not common law.

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