When a wrongful death lawyer in Bronx, NY uses the term “wrongful death,” he or she is referring to a claim brought against a defendant in civil court. In a civil suit, the plaintiff is demanding monetary compensation from the defendant, whereas in a criminal trial, the prosecution is seeking punishment if the defendant is judged to be guilty. The defendant charged with wrongful death in a civil case might be charged with murder or a lesser crime in a criminal case. However, there are some limitations regarding who can make the claim of wrongful death and in what circumstances the claim applies.
Though the rules differ from state to state, an immediate family member can always make a claim of wrongful death on behalf of his or her relative. Immediate family is considered limited to the parents, children, and spouse of the deceased. Some states also allow unmarried domestic partners to make a wrongful death claim, and some states allow more distant family members like siblings or grandchildren to file the suit. A few states allow non-family members who are financially affected by a person’s death to file a wrongful death suit.
A wrongful death can be any death that occurs due to the negligence or the intentional action of another. In the case of murder, for example, the defendant can be tried in both criminal and civil court. Even if a defendant is acquitted by a jury in criminal court, he or she could be judged liable for the victim’s wrongful death in a civil case, as happened to O.J. Simpson. Negligence usually signifies that the defendant failed to fulfill a responsibility to show care for the victim. Examples of negligence can include medical malpractice, a car accident, or accidentally contaminated food.
The defendant in a wrongful death suit can be any person, business, or government agency that was involved in the person’s death. In the case of a car accident, for example, the victim’s family could sue the other driver; they could also sue the manufacturer of the victim’s car if some fault in the car contributed to the accident. An employer, however, can only be sued through workers’ compensation. A wrongful death lawyer in Bronx, NY can help a family member determine the most reasonable claim. For more information, contact the Law Office of Ada R. Pretto, P.L.L.C.
