Why File a Wrongful Death Suit?
A wrongful death claim can be filed against anyone responsible for another person's death. This can include accidental deaths caused by neglectful health care providers, the manufacturer of faulty products or equipment, the owner of unsafe property and even murderers.
Some people don't understand why a wrongful death suit may sometimes be necessary. In the case of a deliberate killing, why would someone file a civil claim instead of relying on the criminal justice setting? In the case of an accidental death, some people claim that no amount of money will compensate for the loss of a loved one. This is absolutely true; no material gain can truly compensate for the tragedy of a wrongful death. However, people do have good reasons for filing these claims. Let's look at these questions one at a time.
Why file a civil claim when death has been intentionally caused? The truth is, civil and criminal courts rely on different standards of evidence. Criminal courts require that the defendant be proven guilty beyond reasonable doubt. Civil courts require a preponderance of the evidence, which means that most of the available evidence points to the guilt of the defendant. When a guilty person is declared not guilty by a criminal court, wrongful death lawsuits allow the victim's family another chance at seeing justice done. One famous example of this is the civil lawsuit filed against OJ Simpson by the Brown and Goldman families in 1997. Simpson was found liable for the death of Ronald Goldman, although he had previously been found innocent in a criminal court.
Cases like that are rare, however. More commonly, wrongful death charges are brought against people who have accidentally caused a death through negligence. Sometimes the plaintiffs (the people filing the claims) in these cases are accused of greed or callousness. They may even be accused of attempting to profit from the death of a family member. These claims are generally unfounded, and can be very hurtful to the people they are leveled against.
The emotional pain caused by the death of a loved one is often compounded by the anxiety and stress of added financial burden. In addition to facing medical and funeral costs, which can run into thousands of dollars, families are often left without the salary earned by the person they have lost. Worrying about money at a time of mourning may seem petty to uninformed observers, but keeping your family fed and sheltered is no trivial matter.
In addition to providing for families left in need by an unexpected death, wrongful death claims provide extra motivation to companies, manufacturers and government programs to always keep people's safety in mind. You may think that consumer safety should naturally be a priority, but unfortunately many organizations will cut corners if they believe they can get away with it. Civil suits remind organizations that the public is keeping an eye on them.
About the Author
Joseph Devine - For more information about wrongful death suits, contact Chicago attorneys Friedman and Bonebrake - http://attorneyillinois.net/