In the beginning this was my biggest confusion. What is Wrongful Death, who is responsible for Wrongful Death? What is the difference between Criminal and Wrongful Death/Civil? This is what I learned.
A wrongful death action is an action taken by Family or Executor of the Estate (see Estate/Probate) against the perpetrator (defendant).
YES and you do not need criminal resolve to file, yet certain criteria needs to be proven to hold perpetrator responsible.
1) Lack of duty (care) to victim. Which means you need to show there was a lack of "sensible" care that could predict harm to others.
2) This breach of care was a direct cause of death.
3) The death caused the Plaintiff (the one filing suit) damages such as loss of income to a wife if her husband was killed, pain and suffering.
Of course, the perpetrator, but there are variables in this. Firstoff, does the perpetrator have insurance or own a business/home?
Their insurance company is only responsible for the bodily injury policy limits. The perpetrator would then be sued personally in a wrongful death action.
No net worth, no wrongful death action unless you want to attack wages and future income. If this is the case,a wrongful death attorney will charge you to process the action.Click Here for Attorney Referral
In this case both are responsible for Wrongful Death if the perpetrator is named on the insurance policy. If the vehicle was stolen, then it is a different scenario.
If you are not sure who is insured or who the insurance company is, you can get a copy of the accident report and it should be noted.
Wrongful Death is an action taken by the family and or Executor of an Estate (see Estate/Probate).
Criminal is the process the Prosecutor or State Attorney’s office should be taking to ensure charges are processed on the perpetrator (see standard protocol).
An Estate is the net worth of a person (assets and entitlements), which includes any insurances or wrongful death/civil claims after death. An Estate Attorney is necessary when there is no Will.
Each State has individual laws. Determining factor: residency at time of Death, which could determine which state the Estate Attorney would be acquired.
For Example: Your son, killed in New York, lived in California, single, no children, no will. California law may be that Estate proceeds be divided equally between next of kin (parents, siblings). New York law may be that it’s divided to Parents only. It’s suggested to contact a California Estate Attorney.
Probate is a process. A process that validates a will. Probate verifies and administers the wishes of the deceased. If an Executor is named, Probate is the process which allows the individual named the Authority to pay debts, oversee distribution of will.
This is the most important piece of the puzzle that I found missing completely after my husband was killed. State Attorney’s (SA), Assistant State Attorney’s (ASA) and District Attorney’s (DA), all known as Prosecutors and those we vote into office, have a standard of duty they must follow when a loved one is killed or injured.
Failure from any elected official to follow through is a violation of most State Constitutional Rights. Elected officials are protected by Law from lawsuits for their actions or there lack of! Which in my opinion, leaves them wide open to corruption and too much control.
I had such a horrible experience with my Prosecutor and did not realize how bad until I saw "Standard Protocol"!
Good explaination of how all this miscommunication caused me and my family so much grief.
This website was very informative and helped us navigate the system.
Fair Play Facts experience of having lived through this nightmare help support me tremendously.
Explains to you how all this mistaken information denounces pain.
This explanation helped our family through this very difficult time.
Please feel free to contact Fair Play Facts with any questions, concerns, or comments.