WRONGFUL DEATH

What is a wrongful death?

If a death occurs because of someone else’s malpractice, negligence, recklessness or even malice,it may be considered wrongful under the law. The spouse, child, or other close family member of deceased person may be entitled to seek money damages to compensate for the loss of their loved one.  They may also be entitled to pursue money damages for the pain and suffering endured by their loved one prior to his/her death.

Wrongful death lawsuits are brought against the party or parties who allegedly caused the wrongful death, and may be filed on behalf of the members of the family that have lost the company and financial support of the deceased.

The legal reasoning behind wrongful death actions is the “ripple effect” of the death - that it caused great injury to people who depended upon the deceased for financial and/or emotional support. The elements of damages that may be sought in a wrongful death action vary from state to state.

One very public example of a wrongful death case involves O.J. Simpson. Simpson was found "not guilty" of the associated criminal charges, meaning the state failed to prove its case beyond a reasonable doubt. At that point the families of the deceased, Nicole Brown Simpson and Ron Goldman, sued Simpson for wrongfully causing their deaths. Simpson was found liable for their wrongful deaths. The judgment: $33.5 million.

There are many differences between criminal and civil cases involving deaths. Criminal cases, for example, are brought on behalf of citizens, not by the victims or their families. Also, civil lawsuits for wrongful death are an attempt to get money damages, not to put the defendant or defendants in prison. Additionally, the burden of proof in criminal and civil cases is different. Criminally, the standard is "proof beyond a reasonable doubt.” Civilly, the standard of proof is essentially "more likely than not." Put another way, it can be easier to succeed in a civil case than in a criminal case. Simpson, again, is a good example.

For further information please contact any partner at: 212.605.6200