Sometimes, accidents can be so severe that they result in death. In the event that an accident has resulted in death, the victim’s surviving heirs can often attempt to get financial compensation for the accident. This type of case is known as a wrongful death case.
Wrongful death cases are a form of personal injury case, which are, in turn, categorized as tort law. Tort law is governed by the civil court system, which differs from criminal court is two important ways. First, the burden of proof is slightly lower in a civil court, needing only a “preponderance of the evidence” as opposed to the “beyond a doubt” standard required in criminal cases. The second difference is in the type of punishment meted out, with civil cases resulting in financial damages. For more tips and ideas about haga clic aqui, click here.
One does not have to choose to file a civil or a criminal case in the event of wrongful death. The victim’s heirs may file a wrongful death case at the same time, before, or after the state has filed criminal charges. There does not have to be a criminal case pending or settled for the heirs to file their own civil case. The verdict in either case will not be used to influence the verdict in the other case, so even if the state was unable to convict on a criminal charge, the heirs may still be successful in civil court.
Normally, only the injured party can file a lawsuit. In wrongful death cases this is obviously not possible, so the court allows the deceased person’s heirs to be the plaintiffs. Who can be considered an heir varies from state to state. Utah is one of the states that limits heirs to immediate family members, in almost all cases. This includes any surviving spouses, children, and parents, biological or adopted. Find out more info about haga clic aqui.
There can be only one wrongful death claim associated with your loved one. All surviving heirs must be treated as a single group. All heirs must share any award granted at the end of trial between them and it is the responsibility of the plaintiff to make sure that this is handled equitably. If you file a claim, it necessarily precludes the other surviving heirs from doing so. To ensure harmony and equity among the surviving heirs, it is best to discuss how you intend to proceed before filing a case.
Wrongful death claims are subject to a statute of limitations. The heirs of a deceased person will only have this long to file a claim. For wrongful death, the statute is two years from the date of death. That means that if you wait longer than this, you cannot file a claim, regardless of the circumstances.
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