Many times, the survivor of a personal injury accident often does not know what to do afterward; it can be both scary and confusing. The surviving family of someone who dies or is killed because of the careless actions of another can sue for wrongful death, this can also be in the case of the victim being murdered. When a lawsuit takes place on a wrongful death case it is usually in the wake of a criminal trial. The difference between a civil wrongful death lawsuit and the criminal proceedings, is the use of similar evidence; however the standard of proof regarding the evidence is lower. It does not necessarily matter if a person has been convicted in a criminal court of law or not convicted – a wrongful death settlement is completely different.
Personal injury accidents can happen when a person has been negligent, which then may have resulted in the victim having sustained an injury or tragically, that person has been killed. This can result in a wrongful death claim. The victim’s surviving family have to prove in court that by a preponderance of the evidence the defendant has committed a neglectful and careless act which then resulted in the injury or death of a person. It can be absolutely overwhelming to think about bringing a wrongful death settlement against someone during the grieving process. However, there are wrongful death statute of limitations which are based upon the statues and criteria of the city or state in which the incident took place. The wrongful death statutes of limitations can begin with one year or can be up to several years, depending on the applicable law.
It is advisable and a good idea to seek out a personal accident attorney right away in order to discover how long the wrongful death statute of limitations is applied in the state. The personal accident attorney can provide the surviving family all the necessary information in order to make a well informed decision as to whether moving forward with a wrongful death lawsuit may be in their best interest. The civil action was formed so that the surviving family can find a form of closure. It does not matter if the wrongful death or personal injury had taken place while the victim was in the care of a medical provider or a homicide victim. This civil action can be very beneficial to the survivors in being able to move forward with their lives. Nothing will ever bring back your loved one, but the current laws regarding wrongful death can be of help and assistance to those who are left behind.