Wrongful Death Action

A wrongful death is any case when the action of one person results in the death of another. Typically, a wrongful death case is based on negligence or willful disregard, not criminal intent. However, someone who is acquitted of murder can be sued for wrongful death in civil court.

This was what happened in the infamous O.J. Simpson case of the mid 1990s. Simpson was found innocent of murdering his former wife and her companion in the criminal trial. When families of the victims brought a wrongful death suit against Simpson however, that court found him liable for both deaths.

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In any event, such a civil action is separate from any criminal proceedings, and neither case has any bearing on the other.

A wrongful death suit is filed by the next-of-kin - usually the immediate family - of the decedent. The family has lost not only the companionship and emotional support of the decedent, but usually some degree of economic support as well. It is upon such grounds that a wrongful death suit is based.

As is the case of a liability action, the plaintiff must show a direct connection between the action of negligence on the part of the defendant and the death of the decedent.

Mesothelioma & Asbestos Related Glossary of Legal Terms

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