Jason Deitch is the owner of I-Need-a-Personal-Injury-Lawyer.com, a Boca Raton, Florida-based service that helps people select the most qualified personal injury lawyer for their case. He founded the website in September 2009.
A wrongful death lawsuit is brought to court as a consequence of an injury inflicted on a person which resulted in his death, and the effect of loss that his death caused for the lives of the people who depended on him for support, both in financial and emotional aspects.
What is the difference between wrongful death and murder?
Murder is a criminal offense, so the guilt of the person charged with the offense must be proven “beyond reasonable doubt.” Wrongful death is a civil offense, which necessitates only a “mere preponderance of evidence” to charge a person with it.
In a criminal case, the person charged with an offense is considered innocent until proven guilty and the burden of proof rests on the jury to prove beyond reasonable doubt that the person charged has indeed committed the crime. If there is even an iota of doubt, the law rules in favor of acquittal of the accused. There should be a tight-lid conviction of the accused as otherwise the court will have no recourse but to rule for an acquittal.
Murder carries with it the penalty of incarceration, while wrongful death is punished with monetary compensation of the victim’s family members and does not necessitate imprisonment.
Typically, wrongful death occurs when there is a negligent situation. But there is a difference between simple negligence and reckless, gross negligence, where the criminal component could come in. Backing out of a parking lot without looking, thereby causing a situation that kills somebody, is simple negligence. Getting drunk behind the wheel, driving into an oncoming lane, and killing somebody as a result is reckless, gross negligence. It basically comes down to whether a reasonable person would realize that he is putting somebody’s safety in jeopardy with his actions.
What is the difference between wrongful death and medical malpractice?
In medical malpractice cases, the negligent act of a physician may result in a wrongful death, but not all medical malpractice cases result in wrongful death.
It is best to consult a Florida personal injury attorney for a thorough explanation of this matter, including recoverable damages that the aggrieved party should seek through the courts.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
