When a family member dies as a result of the intentional or negligent actions of another individual or company, the surviving family members may be entitled to a wrongful death claim. In order to bring this claim, the plaintiff must be a close family relative such as a parent or spouse of the deceased. The deceased must also have been entitled to bring a claim at the time of his or her death. If these conditions apply, then a personal injury case that the deceased could have brought can be brought by surviving family members.
Unlike a criminal case for murder or manslaughter, wrongful death is a civil remedy (for money damages) for the death of a loved one brought by a surviving family member. Instead of guilt beyond a reasonable doubt, a preponderance or majority of the evidence standard is used in wrongful death cases. As a result, family members often collect for the loss of loved ones even though a criminal trial holds the defendant not guilty, or a criminal trial is never held.
If someone in your family has died as a result of the negligent, intentional, or reckless acts of a person or company, call Bankhead Law Firm at 662-234-8500 to see if you may have a wrongful death case.