It is common for the family of a loved one to bring forth a wrongful death suit in the event that a person is convicted of manslaughter. Wrongful death claims are a type of civil suit that can be filed if someone’s death was the result of another person’s negligence. In most cases, once the defendant is found guilty in a criminal court, the family of the victim will bring forth a wrongful death suit.
Contact an Attorney
When a loved one passes away due to someone’s negligent actions, you will likely want justice. A personal injury attorney can help carry this out. An attorney will be especially beneficial in managing your wrongful death case because they can be challenging to win and come with many complexities. An attorney can help you to navigate the legal system when enduring the extensive amount of preparation that is required for a wrongful death claim.
Suing for Wrongful Death after a Manslaughter Conviction
When a person is convicted of manslaughter, a civil suit for wrongful death can be brought forth. Because wrongful death is civil court and manslaughter is criminal, it is not considered “double jeopardy” which protects someone from being tried for the same crime more than once.
- Manslaughter Charges: These charges are brought to criminal court by a prosecutor when they are charging someone with intentionally or unintentionally killing someone. Jail time could be the consequence to a conviction.
- Wrongful Death Claim: If a defendant is found guilty of another’s death in a wrongful death claim, they will not be punished punitively with jail time. In a wrongful death suit, the family of the person who has passed away can sue the defendant for damages.
There are a few types of financial compensation that may be requested by the family depending on the circumstances surrounding the passing of a loved one.
- Compensatory Damages: are monies that are needed in order for the plaintiff to recoup any financial losses they have suffered as the result of their loved one’s wrongful death. This can include expenses such as:
- Lost wages from the victim
- Medical expenses
- Funeral expenses
- Mental health treatment expenses that may be needed to help you or loved ones cope with the victim’s death
- Punitive Damages: Are in addition to compensatory damages and are awarded to the claimant to punish the defendant for their wrong-doing.
- Punitive damages are fairly common
- They are designed to punish the defendant financially for killing another person.
It will be important to have your case assessed by a personal injury attorney who has experience in wrongful death such as the wrongful death lawyer Phoenix, AZ locals turn to. This often will come at no risk to you financially, considering it is common practice for attorneys to provide their first consultation free of charge. You may be entitled to a settlement if your loved one died due to someone’s negligent actions.
Thanks to authors at Kamper Estrada LLC for their insight into Personal Injury Law.