Elements Wrongful Death

Elements Wrongful Death

Not many years ago, the law was such that the person who was directly hurt or harmed due to negligence of another person could file the case and get compensation. But, in most of the cases, the claimant used to either die or was in a position from where he could not fight much.

After so many emotional and financial damages, the law has finally approved that the people who are close the victim can also claim for compensation on their behalf. This has helped many family members and relatives in getting their lost finances and emotions. Also, the person who was responsible for the cause of death and personal injury is not left free and maybe held responsible for his or her act of negligence. This lawsuit came to be known as wrongful death suit or claim.

A wrongful death suit in the US must carry predominant evidence, while a criminal conviction needs absolutely clear and convincing evidence which is presented with no ambiguity. Due to this procedure, in order to prove a wrongful death claim, it is easier to haul the accused to a civil court rather than trying the same case in a criminal court. This can be explained through a popular case. One of the most famous cases for wrongful death involved O.J. Simpson. His case was followed by millions of people over the television and when he was acquitted for killing his wife along with her boyfriend, people were shocked. The wife's family then sued him in civil court for wrongful death claim. He was successfully convicted in the civil court and he was made to pay millions of dollars to his deceased wife’s family.

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Elements Wrongful Death
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