Most people know that when a person is murdered, they are tried in a criminal court. But why then is there a type of civil lawsuit that can be brought against an individual or a company when a person dies?

Wrongful death is a claim in common law jurisdictions for a death of an individual. Rather than a case brought forth by the government, such as for murder, these types of cases are usually enacted by close relatives or friends.

The Difference between Wrongful Death and Murder

When a person is accused of being involved in the death of an individual, they are tried by the government under:

• 1st degree murder
• 2nd degree murder
• Manslaughter
• Criminally negligent homicide

But a civil case involving death is usually brought about when a person can not be tried criminally. But some families choose to bring about civil suits because it is easier to prove than criminal cases are. This is because of the standard of proof is different. But a person can be tried both civilly and criminally. An individual can be tried for murder in court and subsequently subpoenaed by a family member. The most famous instance of this happening was with the very high profile case of OJ Simpson who was tried in court for murder and found to be innocent but was later convicted in civil court in a suit brought on by the families of the two victims.

Who can be sued in a Wrongful Death Case?

Suing under wrongful death allows the families of individuals to take on corporations and companies rather than just one person. The most high profile cases involving the suing of corporations for wrongful death were the many cases filed against tobacco companies in the late nineties. This was one of the first instances in which individuals were able to take on a mega corporation and win. A number of these lawsuits were also class action lawsuits. A class action lawsuit is where a large group of people collectively bring a claim to court. In the case of the tobacco lawsuits, many people who had lost loved ones to lung cancer came together to present a more powerful case against the different tobacco corporations.

For more information on wrongful death cases and how they can apply to different situations, contact Charlotte area attorneys.