Wrongful death is an interesting concept in modern American law. If one person causes the death of another through negligence, direct action, or inaction, they can be held responsible in civil and criminal courts of law. These claims can arise from a number of different circumstances, such as through a car accident, a defective or dangerous product, careless use of firearms, serving contaminated food, or countless other shocks flesh is heir to.
The need for wrongful death laws arose because obviously there would be no way for a dead person to take legal action against the entity that caused their demise, so courts established a way for those that were deprived of the person's life to collect compensation for their loss. This legal precedent has enabled countless families and relatives to use the tort system to pursue justice for their dead loved ones, and establish a system of compensation due to their pain and suffering and economic losses.
One interesting part of wrongful death law in the United States is that while a person may be prosecuted in the criminal justice system for murder, manslaughter or other criminally negligent homicide, they may still also be taken to civil court by the relatives of the dead person. Although the Fifth Amendment to the Constitution expressly forbids double jeopardy, that is a person cannot be tried for the same crime twice, the accused person can be tried separately under civil and criminal laws.
One important example of this type of case was illustrated during the O.J. Simpson case of the last century. While Mr. Simpson was cleared of any criminal responsibility for the deaths of his ex-wife and another party, a civil suit was brought against him and ultimately won by the families of the victims. While he escaped any jail time as would have been a penalty under the criminal system, Mr. Simpson was found guilty of the wrong deaths of the victims, and a substantial monetary settlement was awarded to their families.
Furthermore, wrongful death claims are usually the only way for families of victims killed by corporations to seek damages and compensation. The nature of the complaint, be it criminal or civil, depends greatly on the nature of the death, how it was caused, and the ultimate responsibility of the entity involved, many people that have had loved ones killed due to defective automobiles, household products, or poorly designed medical devices have a pathway to ultimate vindication and justice for the memory of the ones they lost.
Understanding your rights in a wrongful death lawsuit can help get you through this undoubtedly difficult situation and move forward. Bryan Snyder understands the plight and heartbreak of family members left to deal with the reality of an unexpected loss of a loved one due to another's negligent act. His work as a personal injury attorney in San Diego is to protect the rights of his clients to secure a just verdict in their case, knowing all the while, no amount of settlement or verdict can ever replace the value of a lost family member.
