www.deathdocs.us



212-233-7061


Q. What is "wrongful death?"
A.

A wrongful death is a legal term that stands for a legal claim of wrongdoing that is made against another person, entity or government office or agency. The term means that the claimant believes that the defendant caused or played a significant role in the circumstances leading up to the preventable death. In New Jersey wrongful death cases are usually handled by personal injury attorneys on behalf of surviving members of the family of the deceased.

Wrongful death claims can be made against hospitals, doctors, carmakers, manufacturers of defective products or food, property owners and anyone who has personal or business behavior contributed to the death.

Q. Who can sue for wrongful death?
A.
The representative allowed to bring a wrongful death suit is defined by the state. In some states, it may be only a spouse and children. In other states, grandparents or other relatives may also be allowed to bring a lawsuit. Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member.
Q. What is the difference between wrongful death and medical malpractice?
A.
Wrongful death is probably saying that a death was a result of the medical malpractice. Malpractice is basically a type of negligence and wrongful death is a type of damages. It is possible to have a medical malpractice wrongful death case, but not every medical malpractice case is a wrongful death case and not every wrongful death case is a medical malpractice case.
Q. What is the difference between murder and wrongful death?
A.
O.J. Simpson was charged with first degree murder in the state court in California. The jury found him "Not Guilty." A "not guilty" verdict means the state failed to prove the charges "beyond a reasonable doubt", which is the standard of proof in all criminal prosecutions. Criminal cases are brought on behalf of the citizens of a particular state or federal district, not by the victims or their families.

After O.J. Simpson was found not guilty in the criminal case, the families of Nicole Brown Simpson and Ron Goldman sued him in the state court in California for wrongfully causing their deaths. Civil lawsuits for wrongful death are tried for money damages, not to put the defendant in prison. Civil cases are brought in the name of individuals, not in the name of the State.

The burden of proof in criminal and civil cases is different. In criminal cases, the standard is "proof beyond a reasonable doubt." There is also a presumption of innocence that stays with the defendant until and unless the jury returns a guilty verdict. In civil cases, the standard of proof is "by a preponderance of the evidence," which essentially means "more likely than not," or put another way, proof by 51% or more.

Q. What is the difference between murder and wrongful death?
A.
O.J. Simpson was charged with first degree murder in the state court in California. The jury found him "Not Guilty." A "not guilty" verdict means the state failed to prove the charges "beyond a reasonable doubt", which is the standard of proof in all criminal prosecutions. Criminal cases are brought on behalf of the citizens of a particular state or federal district, not by the victims or their families.

After O.J. Simpson was found not guilty in the criminal case, the families of Nicole Brown Simpson and Ron Goldman sued him in the state court in California for wrongfully causing their deaths. Civil lawsuits for wrongful death are tried for money damages, not to put the defendant in prison. Civil cases are brought in the name of individuals, not in the name of the State.

The burden of proof in criminal and civil cases is different. In criminal cases, the standard is "proof beyond a reasonable doubt." There is also a presumption of innocence that stays with the defendant until and unless the jury returns a guilty verdict. In civil cases, the standard of proof is "by a preponderance of the evidence," which essentially means "more likely than not," or put another way, proof by 51% or more. Legal advice forum

40 Rector Street, Suite 1504 New York, NY 10006
tel: (212) 233-7061 fax: (212) 233-7167
apostille.us © 2007