If someone dies as a result of the action or inaction of another person, this can be grounds for a wrongful death lawsuit. For example, this kind of case commonly occurs after a patient dies as a result medical malpractice, when a worker is killed on the job, or someone dies as a result of a car crash.
Wrongful death claims are subject to the conditions and laws regulating the particular state where the death occurs. Universally, filing a wrongful death lawsuit requires that the defendant be proven to be legally responsible for that death, whether they be an individual, a corporation, or government agency.
Is wrongful death a crime?
Quite often, wrongful death lawsuits involve people who commit crimes. However, there is a significant distinction to be made between a criminal case and a lawful death lawsuit. Consider the following fine points:
- Crimes – In cases involving criminal activity, a prosecutor will file criminal charges against the individual(s) who are accused of committing a crime. In the event that the person pleads guilty or is convicted, they are required to suffer the criminal penalties whether it is a jail sentence, a fine, or any applicable punishment.
- Wrongful death – Wrongful death lawsuits are not brought to determine criminal activity. In wrongful death cases, survivors represent the interests of the deceased person. This may be a relative or some other interested party. They file a civil lawsuit against the person or entity that caused the death. Individuals that lose a wrongful death suit do not go to jail. They are forced to compensate the plaintiff the damages they have caused.
Wrongful death claims
In actuality, the wrongful death lawsuit is relatively new in the eyes of the law. In this kind of lawsuit, it is left to a representative of, or someone who holds an interest on behalf of the person that died. For example, this would include immediate family members. They have a right to compensation for having suffered emotional, personal, or financial harm. The case is also true for domestic partners, distant relatives, and anyone who depended upon the deceased for financial support. It is always advisable that you discuss your case with a Charlotte personal injury lawyer in order to answer any questions you may have about a wrongful death claim.
Choosing the best wrongful death attorney in North Carolina
Wrongful death cases are uniquely complicated, and you need a lawyer with the knowledge and experience that can obtain rightful compensation for you and your family. With more than 56 years of trial experience in wrongful death and personal injury cases, The Olive Law Firm knows the law inside and out, and will put their knowledge to use for you. Call their office to talk about wrongful death in Charlotte, Raleigh, Asheville, NC, and the surrounding areas.