Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
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If you have experienced the death of a loved one you might be wondering if there is anything you can do to get restitution if the death was caused by some sort of accident or malicious act. The good news is that you can take legal action against the responsible party. This will send a clear message that this kind of behavior is unacceptable, and it will help give you some sort of compensation for your pain and suffering. Here are some things you need to know about filing a wrongful death lawsuit.
1. The Civil Suit Is Separate From A Criminal Trial
If the death was caused by someone who is on trial in a criminal court for the incident, that doesn't mean that you can't file a legal suit. Because criminal and civil courts are separate, criminal charges can only be pressed by the state. If the person is found guilty they will be punished through jail sentencing, community service, or paying fines to the state. However, that doesn't necessarily give the grieving family and victims restitution for their pain.
This is why in addition you can file a civil suit against them. This is done in a separate court. If the person is found responsible in the wrongful death lawsuit in civil court they won't necessarily serve jail time; that has to be sentenced by a judge in criminal court. Instead, they will be forced to pay you a certain amount of money. This is why it is up to you to take action to file a wrongful death lawsuit; don't assume that the a criminal charge will give you personal compensation.
2. You Can Ask For Compensatory Damages In The Wrongful Death Suit
Another thing that is important to know is what kind of damages you can ask for. For example, in most civil cases you will need to provide proof of the pain and suffering and damages that you incurred because of the incident. You can include the amount you sue for medical bills, lost wages due from time off work to grieve, property damage and so forth. In addition, if you experienced the death of a loved one, you can ask for compensation for pain and suffering. This is hard to assign a number to, but because someone's life was taken you can get additional damages for the grieving and the pain and trauma you and your family experienced.
By understanding what a wrongful death lawsuit is and what you can get out of it, you can decide if filing a lawsuit is the right choice for you. For further assistance, contact a local personal injury attorney, such as Cobble Jeffrey A Attorney.
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