Wrongful Death Lawsuits - Frequently Asked Questions (FAQ)

A wrongful death lawsuit can bring much needed financial relief and legal confirmation that another party is responsible for the death of your loved one. If you think you may have a good case for a wrongful death lawsuit you probably have a lot of questions. The most frequently asked questions on this topic are listed here for your convenience.

Who can file a wrongful death lawsuit?

Generally speaking, in order to file a wrongful death lawsuit you must be the parent, child, or spouse of the deceased in order to claim damages do to a person's death.

Are the laws regarding wrongful death law suits the same in all 50 states?

While there are many similarities, the laws do differ in each state so it is important that you contact a local attorney to answer any questions specific to your case.

Do I need to wait for the criminal proceedings to be completed before filing a wrongful death lawsuit?

While it is not necessary to wait for the criminal proceedings to be completed from a legal standpoint, attorneys often prefer to wait because vital evidence from the criminal proceedings may be used in the civil suit to win the case.

What if the defendant is found "not guilty" in the criminal case, does that put an end to the wrongful death lawsuit I have filed?

The wrongful death lawsuit and the criminal proceedings are two entirely separate cases. The criminal case is held to a much more stringent set of standards and just because a defendant is found "not guilty" beyond a reasonable doubt in a criminal court it does not mean that the civil court will not find them liable for damages due to causing your loved one's death. A prime example of this is the O.J. Simpson case where he was found "not guilty" in the criminal case, but still found liable in the civil suit filed by the families of the victims.