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Accidential Loss of life Lawsuites Going Back To The Introduction Of The Principle

By: George Magillicutty

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Not exceedingly long ago, when a person's actions caused another's death either through murder or something like negligence, the claims for damages died with the human being. To combat this problem, the courts began allowing the tort of wrongful death.

Wrongful death is an deed brought by a victim's family or estate against the individual that caused his or her death. It is an action intended to compensate the family of the victim for the lost wages, companionship, and added losses that are brought by means of the person's death.

Part of the driving force for a wrongful death claim was that the previous way of doing things, where there was no claim if the individual died, left a guilty party free of punishment of some sort if the person died. This was seen as not the best state of affairs because, it was the thought, that this could be seen as encouraging death. As long as the injured party died, a person could get away with anything.

In the 20th century, the laws were changed. Now, the estate of a individual can bring charges against the individual responsible for the death of their loved one, even if the person is not convicted of murder. A person can be tried in a criminal court and after that in a civil court for wrongful death. There is no problem with double jeopardy because the lawsuits are not the same. Also, one trial is for a criminal action and the other is a civil action. As such, now there is no double jeopardy conflict. At the same time, a person who is not found to be liable in a wrongful death action can't be repeatedly charged by means of this tort. The identical applies for a person found not guilty of murder.

In order for a gal to be found guilty of a unethical death action, that person should have committed some sort of carelessness or done something else to cause the death of the individual. The damages awarded can be penalizing or compensatory and are designed to allow the family to continue life, as much as possible, without their loved one. Obviously, no damages can bring a mother or sibling or child back but the damages awarded are meant to ensure that the family does not feel as much of an economic cost.

Why file a civil claim while death has been intentionally caused? The truth is, civil and criminal courts rely on different standards of evidence. Criminal courts require that the defendant be confirmed guilty beyond reasonable doubt. Civil magistrates require a preponderance of the proof, which means that a large amount of the available evidence points to the responsibility of the defendant. When a guilty person is declared not guilty by a criminal court, wrongful death lawsuits allow the victim's family another chance at seeing justice done. One famous example of this is the civil lawsuit filed against OJ Simpson by the Brown and Goldman families in 1997. Simpson was found accountable for the demise of Ronald Goldman, although he had earlier been found innocent in a criminal court.

Article Source: http://depositarticles.com/

Bob writes for wrongful death attorney michigan and michigan wrongful death lawyer and michigan wrongful death act

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