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Simple English definitions for legal terms
wrongful death
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A quick definition of wrongful death:
Wrongful death is when someone causes the death of another person either on purpose or by accident. The family members and dependents of the person who died can sue the person responsible for wrongful death. This is different from criminal charges because it has a lower burden of proof. The family members can receive damages to compensate for the lost financial support and suffering due to the death. Sometimes, the family can also receive damages for funeral expenses, pain, and emotional harm caused to the person injured before dying. Punitive damages may also be awarded if the person causing the death did so out of intent or recklessness.
A more thorough explanation:
Wrongful death is a legal term used when someone causes the death of another person either intentionally or by accident. It is a civil lawsuit that can be filed by the family members or dependents of the deceased person against the person responsible for the death.
For example, if a person dies in a car accident caused by another driver's negligence, the family of the deceased person can file a wrongful death lawsuit against the driver responsible for the accident.
The wrongful death lawsuit can be filed even if the person responsible for the death is not found guilty of a criminal charge. The burden of proof in a wrongful death lawsuit is lower than in a criminal case.
The damages awarded in a wrongful death lawsuit compensate for the financial support lost due to the death and the suffering caused to the family members. The damages are based on various factors such as the person's income before the death, expected future income, and the level of dependence of the family members.
Some states allow punitive damages to be awarded in a wrongful death lawsuit if the person responsible for the death acted with intent or recklessness. Punitive damages are meant to punish the person responsible for the death and to deter others from acting in a similar manner.
Overall, wrongful death is a legal term used to seek justice for the death of a loved one caused by someone else's actions.