The wrongful death definition states that an individual or company can be found liable for the death of a person under common law. The claim is a civil action brought most commonly by close relatives or heirs of the deceased.
Within the United States the standard of proof for a civil case is a preponderance of the evidence. If the jury or court finds that the accused perpetrator was voluntarily or involuntarily responsible for the demise of another individual, then the heirs or descendants are awarded financial compensation.
To be found liable for the death in a civil action is different than a criminal one. A person found not guilty in a criminal court may still be found responsible in a civil action case. Sometimes, it is the only form of retribution loved ones may successfully obtain when a criminal prosecution fails. A guilty verdict, however, does not necessarily guarantee a successful civil lawsuit.
Do you have questions about the wrongful death definition, and whether it applies to your situation? A knowledgeable personal injury attorney will help answer those important questions, and nothing is too unusual. The information provided should be easily understood. The attorney should be professional and upfront about the pricing schedule. If they feel there is a solid case, they may decide to represent the victim’s family without any upfront fees.
An attorney is easy to find regardless of community size, just make sure they have previous experience in this type of case. A reputable personal injury attorney will do their best to present the facts in a manner that there will be no doubt that the responsible party should be held accountable.
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]