Salim-Beasley LLC has been practicing personal injury law for over 50 years, with a strong expertise in wrongful death lawsuits.
Defining a “Wrongful Death”
When someone dies or is killed due to the negligence or misconduct of another person, this is considered a wrongful death. This can be a murder, but could also be through medical malpractice, vehicular accidents, and many other possibilities.
Creating a Lawsuit for a Wrongful Death
A wrongful death lawsuit is different from a criminal suit. If someone is murdered, the murder suspect will be brought to trial by the state or federal government. Following the criminal trial, the victim’s family could bring a civil suit in order to seek damages (monetary reparations) from the murder suspect. However, there doesn’t need to be a criminal trial for personal injury attorneys to file a wrongful death lawsuit. For example, if a passenger is the victim of a car accident, there may not be any criminal charges filed against the driver, or enough evidence to bring the driver to a criminal trial. In a civil case, like a wrongful death case, the standards of evidence are not as strict as with criminal cases. So you may win a civil case and lose a criminal case regarding the same matter.
Who Can Bring a Suit for Wrongful Death?
In most civil cases, the victim brings the suit. This is not possible with wrongful death cases. Instead, only the personal representative of the decedent’s estate may bring the suit.
Why Get an Attorney?
Attorneys like those at Salim-Beasley LLC are experts in the professional handling of personal injury cases, including wrongful death suits. The period following a person’s passing is a painful, exhausting time. In the midst of this chaos, bringing a suit, no matter how justified it is, can seem daunting. Consulting with an attorney comes at no cost to you. These kinds of attorneys are usually paid on contingency–they get a percentage of the settlement or winnings if your case succeeds. It is in your best interest and theirs to figure out if you have a case and build it, in honor of your loved one’s memory.