By Adeline Robinson
You’ve filed a criminal case against a person who caused the death of your loved one and taken them to court. But despite you and the lawyer that you’ve hired to help you with your case having done what you can to hold the defendant criminally liable for what they did to your loved one, the judge who presided the entire trial may decide otherwise. Should your criminal lawsuit get unfairly dismissed, you and your lawyer can still file a wrongful death civil lawsuit against the defendant in your case. If it’s your first time to hear the term “wrongful death,” here’s everything that you need to consider legally if your loved was lost because of such a case.
Wrongful death is a person’s sudden death resulting from another person’s actions
Not every death is the same, especially if your loved one’s life suddenly got cut short and somebody else can be held responsible for their untimely demise.
As already stated above, in case the criminal lawsuit that you filed against someone who caused the untimely death of your loved one whether intentional or not was dismissed, you still have a chance to make the culprit liable under the law – albeit in a civil lawsuit known as wrongful death.
The concept of wrongful death is relatively new though. In fact, filing a wrongful death lawsuit wasn’t even allowed under common law. It was only during the early 20th century that both state and federal courts allowed citizens to file a wrongful death lawsuit.
Three elements need to be present for you to have a chance at winning your wrongful death lawsuit
Unlike criminal cases, civil ones like the wrongful death lawsuit that you’re considering filing against the person who caused the demise of your loved one have a lower standard of proof. But while the burden of proof on your end is relatively lighter in a wrongful death lawsuit, you will have to prove that the following elements are present for you to hopefully get granted a favorable decision by the judge who will hear your case:
Your loved one unexpectedly passed away as a result of another person’s actions.
The surviving family members and relatives of your loved one are suffering financial losses as a result of the said person’s death.
Your loved one appointed you or somebody as a representative of their estate, or your state made the appointment if your loved one didn’t leave any will when they were still alive.
If you’ve been appointed by your loved one as their representative in case they’ve left behind a will, or your state if your loved one didn’t leave any will at all when they were still alive, you can file a wrongful death lawsuit against the person who caused their untimely death
It is up to you to represent the interests of your deceased loved one. Thus, it’s entirely up to you as the appointed personal representative of your loved one to take legal action so that you can give them the justice they deserve.
Wrongful death has a close association with your state’s probate laws, which you should also consult first with a probate lawyer before you can file a wrongful death lawsuit like a car accident. Click here for more information.
The law doesn’t allow anybody else who wasn’t appointed either as executor or administrator of the estate of your loved one to sue for wrongful death. However, they can recover both financial and punitive damages as real parties in interest.
You only have a certain amount of time wherein you’re allowed to file a wrongful death lawsuit, though there are some exceptions to that rule
As much as you might want to give yourself some time to think if you should consider filing a wrongful death lawsuit against the person who caused your loved one’s death, you don’t have forever to do that under the law.
A civil lawsuit such as for wrongful death is bound by a legal rule known as the statute of limitations wherein you only have a set time limit as to when you should do the actual filing itself.
You would want to check your state’s statute of limitations to know how much time you still have left for you to file your wrongful death lawsuit. Failure to do so within the time limit provided by your state can strip you of any right to take legal action against the person who caused your loved one’s wrongful death.
Filing a lawsuit against someone is expensive, and having it undergo trial takes some time and doesn’t guarantee that the decision handed out will be in your favor. It's best to consult a specialist attorney to discuss the case prior to filing, which can help you determine the grounds for your case and its success. If, however, you’ve filed a criminal lawsuit against someone whom you and your lawyer have proven to be responsible for the death of your loved one and you lost, you can still file a wrongful death civil lawsuit against the defendant in your case, so all is not lost. However, you might want to read first the above-listed things for you to consider legally if your loved one was caught in a wrongful death so that you’ll stand a better chance at winning your civil lawsuit.
Adeline Robinson
Adeline Robinson is one of most promising young law writers. She writes pieces on law topics for common readers. She is an avid sports fan and loves watching games if she has free time.