What is a Wrongful Death Case?

It’s never easy to lose a loved one, but when that loved one dies due to the actions of another individual, the bereaved have options. Let’s define wrongful death and provide an overview of what is considered wrongful death, who can file a wrongful death lawsuit, and how wrongful death differs from criminal cases.

What is Wrongful Death?

A wrongful death suit is the result of a death that occurs for which someone else is legally culpable due to their conduct. The term “wrongful death” can apply to a number of scenarios, including car accidents, medical malpractice, or product malfunction.

That said, wrongful death does not only refer to fatal accidents or mistakes. If someone makes a deliberate decision or acts with intent to cause the death of another person, that is also wrongful death, and can be paired with criminal charges separate from a wrongful death suit.

Wrongful Death vs. Homicide

Wrongful death falls under the umbrella of personal injury lawsuits. Specifically, the claimant in this case is seeking financial compensation for the death of a loved one from the party responsible. As such, it is a civil suit rather than a criminal trial.

A homicide case has different stakes. These charges most often include a criminal trial during which the accused/defendant will be found guilty or not guilty by a jury of their peers. A guilty verdict likely comes with prison time, if not a more severe punishment, along with fines and other penalties.

Criminal trials rely on a higher burden of proof than civil lawsuits. In a criminal trial, the defendant must be found guilty “beyond a reasonable doubt.” The plaintiff in a civil lawsuit case must establish the defendant’s liability “by a preponderance of evidence.” In other words, demonstrate that the defendant is more than likely responsible.

It is possible to be charged with both criminal homicide and sued for wrongful death at the same time. Likewise, it is possible for outcome of these two court cases to be different. OJ Simpson was famously acquitted of the homicide of Nicole Brown Simpson and Ronald Goldman in 1995. However, the families were awarded $33.5 million in damages after filing and winning a wrongful death suit.

Who Can File a Wrongful Death Suit?

This can vary from state to state, but typically, a wrongful death suit can be filed by certain surviving family members or a representative of the deceased’s estate on behalf of the family.

In the state of Missouri, wrongful death can be filed by the following:

• Immediate family members—Parents of unmarried children (biological or adopted), children (biological or adopted) of deceased parents, spouses, or life partners.
• Siblings—If the deceased has no parents, children, spouse, or life partner, a sibling can bring a claim if they can prove that they incurred a loss as a result of the death.
• Personal representative—In cases in which there are no other qualifying family members, a personal representative of the estate can file a wrongful death suit with the damages going to the estate itself. The representative might have been selected by the deceased in their estate planning documents; they could also be appointed by the court.

Wrongful death suits can be brought against individuals, companies, employees, and government agencies. If you have suffered a loss that was the result of negligence on part of another individual, reach out to the wrongful death lawyers at Hosmer, King & Royce. We are here to help you review your options and decide the best way forward.