Glick Law Firm, P.A.

The death of a loved one is always hard to bear, but when that death could have been prevented if someone had just done their job properly, or acted in a responsible manner, the pain is even greater. A wrongful death is one caused by someone’s negligence. It can happen anywhere, though the most frequent scenarios are auto accidents, workplace accidents, and mishaps caused by defective products.

Wrongful death cases are civil actions filed under tort law and are brought by close relatives. Sometimes grandparents and stepchildren can bring a wrongful death claim, but typically it is done by:

• Parents
• Children (or by their guardians if they are too young)
• Spouses
• Siblings

The standard of proof in the U.S. for establishing negligence that caused a death is the "preponderance of the evidence". In other words, it is not as strict as standards requiring "clear and convincing evidence" or "evidence beyond a reasonable doubt". If the death was deliberately caused, that would be a criminal prosecution. However, a person can be sued in both ways – civilly for wrongful death and criminally for murder. An example of that is O.J. Simpson.

In a typical wrongful death case, the death must be shown to have been caused by the defendant’s negligent action or lack of action, regardless of any possible intent to kill.

Monetary damages can be awarded for a wrongful death, to cover a variety of losses, such as:

• Burial costs
• Medical costs
• Lost income
• Loss of consortium

Punitive damages are sometimes awarded, as a punishment against the negligent party. If you have lost a loved one in what appears to be a wrongful death, please contact us for a free consultation.