Chicago wrongful death lawsuit attorneys, Articles

Wrongful Death

Wrongful death claims come about when a person has been killed by someone’s act or failure to act and the family or estate brings the claim against the negligent person. Under the common law, a dead person is unable to file a lawsuit. This detail created a legal loophole. This loophole allowed activities which resulted in a person’s injury to result in a civil sanction, but activities that resulted in a death could not.

In the United States, the plaintiff must show, by a preponderance of the evidence, that a person’s actions caused another’s death. This is a slightly more lax standard than clear and convincing or beyond a reasonable doubt in terms of evidence.

Because the standard of the evidence is lower than in criminal actions, it is frequently easier for a family to seek retribution against someone who kills a family member through a wrongful death suit than in a criminal prosecution. This is not to say that the family cannot pursue both cases, just that it might be easier to win under the civil suit.

A family can pursue both actions because the two actions are not mutually exclusive. A person can be prosecuted in criminal court for causing a person’s death under murder, manslaughter, or criminally negligent homicide. That person can also be sued civilly in a wrongful death case. The original OJ Simpson cases are an excellent example of how this works.

In the majority of common law jurisdictions, there was not a common law right to recover civil damages for the wrongful death of a person. Now, however, many jurisdictions have enacted statutes that have created a right to recovery for wrongful death.

Contact a Chicago Personal Injury Lawyer

If someone you love has died due to the actions of another, contact the Chicago wrongful death lawsuit attorneys of Friedman & Bonebrake at 312-466-8200 to discuss your situation.