William Lane Wrongful Death

Wrongful Death - William Lane

Medical Malpractice and Personal Injury Law


A wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not. The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In most, if not all common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. However, many jurisdictions have now enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state.

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