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Wrongful Death

Wrongful death is the term for ending the life of another in a manner that is unlawful and unjustified as it pertains to a civil court matter.  In a wrongful death action, the aggrieved party is usually one or more family members of the deceased.  The defendant who caused the death is most often being sued for monetary damages.

The defendant has fewer rights and protections than in a criminal trial and the the standard of proof is usually the preponderance of the evidence instead of beyond the shadow of a doubt.  A defendant in a wrongful death suit may also find himself or herself the defendant in a criminal case of murder, manslaughter or other criminal charge related to the death.  The one type of court action does not exclude the other.

Under common law there was no provision to seek damages for a wrongful death.  Most States have now enacted laws that provide for civil judgments in addition to criminal penalties.  Civil trials for wrongful death only make sense if the family filing the suit can reasonably expect to recover money sufficient to pay for legal expenses, which can be quite high, and a reasonable award.

 

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Family Sues American Airlines Over Wrongful Death USA TODAY
USA TODAY Family sues American Airlines over wrongful death USA TODAY A family is suing American Airlines after they allegedly mishandled medical care on a 2016 flight. The New York Daily News notes that Brittany Oswell and her husband were on a South Carolina Bound flight from Hawaii when she began having complications

Parents Of Otto Warmbier File Wrongful Death Lawsuit Against N. Korea WHIO
WHIO Parents of Otto Warmbier file wrongful death lawsuit against N. Korea WHIO Warmbier was a college student from Wyoming, Ohio, who was jailed in North Korea and died shortly after he was returned to the United States in a coma. Fred and Cindy Warmbier, in the lawsuit, accuse Kim Jong Un39s quotcriminalquot regime of brutally Parents of Otto Warmbier file wrongful death lawsuit against North KoreaThe Week Magazine Parents of slain student Otto Warmbier sue North Korea over son39s deathCBS News Otto Warmbier39s parents sue North Korea over son39s deathCNN CBC.ca Boston.com all 1,111 news articles raquo

Family Suing American Airlines In Wrongful Death Case After 25YearOld Suffers...
NBC 5 Dallas Fort Worth Family Suing American Airlines in Wrongful Death Case After 25 Year Old Suffers Blood Clot NBC 5 Dallas Fort Worth American Airlines is facing a wrongful death lawsuit after the family of a passenger on a Dallas bound flight says the flight crew ignored a doctor39s repeated requests to make an emergency landing. The victim39s family is accusing the airline of Midlands family suing American Airlines for wrongful deathAbccolumbia.com Family suing American Airlines over death of 25 year old woman Fox News Midlands family attorney says wrongful death lawsuit addresses why captain did not land flight for sick patientWIS New York Daily News BET Dallas News all 16 news articles raquo

Otto Warmbieraposs Parents File Wrongful Death Lawsuit The Charlottesville N...
The Charlottesville Newsplex Otto Warmbier39s parents file wrongful death lawsuit The Charlottesville Newsplex Fred and Cindy Warmbier, the parents of Otto Warmbier, filed a wrongful death lawsuit against the country in U.S. District Court in Washington, D.C. on Thursday. The lawsuit claims the country39s regime tortured and killed Otto, who passed away June 19 Otto Warmbier39s parents sue North Korea for wrongful deathWashington Examiner Otto Warmbier39s parents file wrongful death lawsuit against North KoreaWINA AM 1070 Otto Warmbier39s parents sue North Korea for brutal murder of their sonWashington Times all 1,160 news articles raquo

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Facts of Law about wrongful death legality

Facts of Law - Wrongful Death