Wrongful death claim
Wrongful death is a claim in
tort against a person who can be held liable for a death. The claim is brought in a
civil action, usually by close relatives. Unlike
criminal law, private parties may bring the suit. The
defendant has fewer
due process and Constitutional protections such as
immunity or the right to refuse to give
testimony. The standard of proof is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. For all the above reasons, it is often easier for a family to seek retribution against someone for wrongful death in
tort than a proper
criminal law conviction.
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