A wrongful death suit can be the result of a manslaughter conviction filed by the family of the loved one who has passed away. It is common for a civil suit such as wrongful death to be filed once the offender has been found guilty of the criminal charge that was brought against them.
Suing a Person for Wrongful Death Following a Manslaughter Conviction
Double jeopardy, states that a person cannot be tried for the same crime twice. In situations where there has been a manslaughter conviction, a civil suit can still be filed because of the criminal charge. It is common when a person is accused of killing someone, for them to be charged with manslaughter. Whether the accused intentionally or unintentionally killed someone, they could be at risk of facing jail time as the result of their actions.
Manslaughter Vs Wrongful Death
When transitioning from the criminal case where someone was charged with manslaughter, to a wrongful death suit negligence is almost always a factor. When loved ones file a wrongful death suit, they must prove that they received financial support from the family member who passed away and that they are suffering financially as a result. It must be established by the claimant’s attorney that the death of their loved one was due to negligence on the part of the accused. When you are a loved one who was financially dependant on the person who died, the legal system has established that it is within your right to receive financial compensation from the person who killed them.
Financial Compensation
There are two types of compensation that you could be entitled to after a loved one’s passing as the result of their wrongful death.
1. Compensatory Damages:
- Medical expenses
- Funeral expenses
- Lost wages (due to their passing)
2. Punitive Damages could be an additional type of compensation that you would receive in a settlement.
- The purpose of punitive damages is to punish the person responsible for the death of your loved one by making them financially pay for the wrong doing.
- Punitive damages are often the result of the guilty intentionally bringing forth harm to your loved one. For example, if they were to murder the victim.
Pursuing Justice
Wrongful death suits can be challenging to win due to their complexities. With the aid of a skilled personal injury attorney, you can pursue the justice you are entitled to against the person responsible for the death of your loved one. Before the statute of limitations ends, there is a considerable amount of preparation that an attorney needs to invest in a wrongful death suit. Contacting an attorney as soon as possible, so that they can get started will help them to establish the claim before the statute is over.
The loss of a loved one is a painful experience, one that can take much time to grieve. If you have lost a loved one due to their wrongful death, you are entitled to their financial losses. A personal injury attorney such as the personal injury lawyer Minneapolis MN locals turn to can consult with you, often for free, to help determine if you qualify for compensation.
Thanks to authors at Johnston Martineau PLLP for their insight into Personal Injury Law.
