Wrongful death is a legal claim against a person who can be held liable for the death of another individual or group of individuals. Wronguld death claims are resolved in a civil lawsuit, usually initiated by close relatives of the deceased. Since the law, does not recognize the legal right of a dead person to file a lawsuit, a legal loophole was effectively created in which activities that resulted in a an injury would result in civil sanction but activities that resulted in a death would not.
The standard of proof for a wrongful death lawsuit in the United States is usually preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt.
Wrongful Death Lawsuits
Are Usually Based on a
Preponderance of Evidence
Not Beyond Reasonable Doubt!
Because of this legal distinction, many times it becomes easier for a family to seek retribution against someone responsible for the death of a family member through a wrongful death lawsuit rather than through criminal prosecution; however, these two actions are not mutually exclusive. An individual can be prosecuted criminally for causing a person's death in the form of murder, manslaughter, criminally negligent homicide, or other legal distinction; and that person can also be found liable in a civil wrongful death action and may be responsible for monetary damages.
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in Chicago
Has Some of
The Best Wrongful Death Attorneys
In the State of Illinois!
As of May 31, 2007 the Illinois Wrongful Death Act now allows jurors to award damages for "grief, sorrow, and mental suffering." This amendment to the Illinois Wrongful Death Act allows parents and other family members to be compensated for their "grief, sorrow, and mental suffering" when they lose a child or sibling to the wrongful act of another and allows the jury to fairly assess the true loss sustained by family members in wrongful death lawsuites, and return damage awards that truly compensate a family for its losses.
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