Q: We are trying to figure out - is wrongful death always a criminal lawsuit?
A: Wrongful death is a civil claim. Contact a personal injury lawyer to discuss the merits of the claim.
A: A "Wrongful death" action refers to a civil suit for monetary damages filed against the person or entity that caused the wrongful (negligent or intentional) death of the immediate family member of the persons filing the action. It is not a criminal charge. Murder or manslaughter is the criminal charge, prosecuted by the government, against the person who committed the crime. Wrongful death claims are not limited to cases of criminal misconduct, but encompass claims arising out of simple negligence and other civil torts.
A: Wrongful death is the basis of a civil action. Confusion can arise from the fact that wrongful death actions are sometimes filed by the family of a decedent after a court acquits a criminal defendant in a murder prosecution.
A: It's a civil case. There may be criminal charges as well. It is brought by the estate and by immediate family members. Feel free to call me to discuss this.
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