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Wrongful death claims allow for compensation when loved ones die

The American legal system recognizes two different types of laws and divides them into separate courts. Generally speaking, the commission of crimes is handled in criminal courts and punished with criminal sanctions, and acts of negligence are handled in civil courts and met with damages based on the conduct of the responsible parties. There are instances, though, where Camden County residents may see a single act of violence or recklessness lead to both civil and criminal claims.

Consider a case where a person commits vehicular homicide due to intoxication. There are a host of criminal charges that the alleged perpetrator can face. However, a homicide means a death, and when families lose beloved members they often can pursue civil wrongful death claims against the parties that caused their losses. Therefore, when a person dies due to the conduct of another person they may face both criminal punishment and civil liability for their acts.

Wrongful death claims require several elements in order to be proven in full. This post will touch on some of those elements, but readers are asked to discuss their possible wrongful death claims with personal injury attorneys for complete information regarding their cases.

First, a person must die for a wrongful death claim to be possible and the death must either be caused due to negligence or the alleged perpetrator's desire to cause harm. Next, the party that dies must have surviving family members and the decedent's estate must have an administrator appointed for managing their affairs.

A prosecutor's decision whether or not to pursue criminal charges against a person who causes another person's death does not stop a family from seeking compensation through a civil claim for wrongful death. Restrictions apply to who may file wrongful death actions, and grieving families can benefit from discussing their cases with personal injury attorneys.

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