Wrongful Death

Personal Injury Attorney Baker Reck Law Hallandale Florida Fort lauderdale Aventura Hollywood

Wrongful death is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a loophole in which activities that resulted in a person’s injury would result in civil sanction but activities that resulted in a person’s death would not.

The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is ‘on the balance of probabilities’. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person’s death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson murder case). Wrongful death is also the only recourse available in the United States when a company, not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.

In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. Wrongful death actions were strictly statutory. Some jurisdictions have recognized a common law right of recovery for wrongful death, reasoning that “there is no present public policy against allowing recovery for wrongful death.” Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery. The issue of liability will be determined by the tortlaw of a given state.

Law Offices of Baker Reck & Associates P.A.

2500 E. Hallandale Beach Blvd . Suite 405
Hallandale, FL 33009

954.455.1933 . Toll Free 877.208.8738
Fax 954.455.1934

Baker Reck Law Offices. All rights reserved, 2016. TERMS OF USE: This web site is designed for general information only. No representations are made as to the current status of any law, statute, rule, procedure or form, or whether any of the same described herein are up to date, complete and current. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The information presented at this site is not to be construed as formal legal advice to you nor the formation of a lawyer/client relationship. The hiring of a lawyer is an important decision. Before you hire the lawyer to whom you are referred, please be sure to request information regarding the lawyer's qualifications and experience.
Visit Us On FacebookVisit Us On Google PlusVisit Us On Linkedin