Homicide Or Wrongful Death? What To Do When A Loved One Dies
Posted on: 7 December 2017
The emotional upheaval that ensues when one loses a family member to negligence or a crime can be overwhelming. Pursuing compensation may not be the first thing that enters your mind, but it is key to moving forward in many situations. If you've recently lost a loved one and you're not sure if it qualifies as wrongful death or murder, there are a few ways to tell the difference. Here's how to make the key distinction so you know what to do when a loved one dies.
Homicide vs. Wrongful Death
Homicide is the killing of another human being, and it encompasses murder, manslaughter, and killing in self-defense. Homicide does not always result in criminal charges, especially if the death results from an act of self-defense.
Wrongful death occurs when someone dies due to the negligence of someone else. These cases are tried in civic court, and the suit is usually brought forth by a surviving spouse, child, or other family member.
In a homicide, local or state officials typically make an arrest, and the perpetrator serves time in jail if they are found guilty. But a wrongful death case is usually just a civil case where the guilty party must pay the victim's family for their loss.
There are situations in which surviving family members also file a wrongful death suit in a homicide case. For instance, if someone loses a spouse in a DUI accident, the spouse can sue the driver for damages.
In a wrongful death case, the burden of proof is considered lower than that of a criminal case, as the plaintiff doesn't have to prove beyond a reasonable doubt that the defendant is guilty. This is significant because it means that in many cases a lawsuit can be filed, even if the defendant is found not guilty in a criminal case.
Examples of Wrongful Death
There are a number of situations that qualify as wrongful death. Most people are familiar with medical malpractice cases, like which a doctor makes a mistake during surgery and the patient dies. But there are many other instances, too, such as the following:
- Accidents at work resulting from malfunctioning machinery or a hazardous work environment
- Deaths that occur from improper labeling or defective products
- Car, boat, or airplane crashes
Who Can File a Wrongful Death Suit
As previously stated, state law officials will bring charges against an alleged criminal after a homicide. But what about when it's a civil case?
Every state has laws that govern the procedures for filing a case, but, generally speaking, only a close family member can file charges. This includes surviving spouses and domestic partners, children, stepchildren, parents, siblings, and anyone else who depended financially on the deceased. As the "family ties" become more removed, i.e., aunts, uncles, distant cousins, etc., the laws can get complicated, and having an attorney on your side becomes paramount.
How to Start a Wrongful Death Case
You'll need to collect as much documentation as you can, and you can do so before speaking with an attorney, or you can let the lawyer take care of this for you. Gather police reports and hospital records, if possible. Be sure to make copies and keep those copies in a secure place.
Also make a list of your financial situation, including any hardships that have resulted from the death of your loved one. These hardships will include your monthly bills as well as the funeral expenses, hospital bills, and lost wages.
Make a note of non-monetary hardships, such as emotional distress and suffering as well as property damage.
Speak with any parties who were a witness to the accident, and ask them if they would be willing to testify if necessary.
The last step involves filing the complaint, but it's important to let a wrongful death attorney take care of this for you. In many cases, the defendant will want to settle, but a lawyer can let you know if it's advised to take the settlement or push for a trial. To learn more, check out websites like http://www.injuryattorneylafayettein.com/.
Share