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Initiating a wrongful death action following criminal charges

If a New Jersey resident dies due to a negligent act or because a necessary act to save a life was not performed, family members or loved ones of the deceased have the legal right to initiate a wrongful death lawsuit. Filing a wrongful death lawsuit can be a civil legal remedy to counter a criminal legal proceeding related to a homicide or manslaughter charge. In many cases where a victim as died, criminal charges are levied by state authorities parallel to a lawsuit initiated by dependents of the deceased.

A wrongful death lawsuit as a civil remedy carries a more-relaxed burden of proof than a murder or homicide criminal charge. Plaintiffs and their attorneys are not bound under the principle of "reasonable doubt" when pursing a civil wrongful death lawsuit.

Attorneys at Marmero & Mammano, P.C., have decades of experience litigating wrongful death lawsuits and often help their clients gather evidence to prove a wrongful death has occurred, which often makes the scope of a wrongful death lawsuit wider than that of a criminal investigation and charge. Plaintiffs often institute a wrongful death lawsuit in concert with a murder investigation, but they can also file a lawsuit to address fatalities resulting from accidents and medical negligence.

The burden of proof in a wrongful death lawsuit lies with the plaintiffs and their lawyers. Compiling evidence and assigning responsibility for a wrongful or negligent act or omission by a defendant can be complicated. Professional attorneys usually gather a team of expert witnesses as well as medical records and eyewitness accounts to present the various aspects of the case before the judge and the jury.

Before rendering a decision and awarding compensation to plaintiffs, the court usually reviews varying aspects of a case, including medical expenses incurred before and after the victim's death, financial duress experienced by dependents due to the loss of a loved one and pain and suffering caused by the negligence of the defendant.

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