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The term "wrongful death" refers to a longstanding legal principle that any person who wrongfully causes the death of another is liable to the victim's survivors for damages.
Wrongful death cases are civil, not criminal, and can thus be pursued by survivors even when criminal prosecution is unsuccessful. Perhaps the best-known recent wrongful death suit was brought against O.J. Simpson by the family of his slain wife Nicole Brown Simpson and her friend, Ronald Goldman.
Even though Simpson had been acquitted of the crime of killing his wife, the jury in the wrongful death case held him responsible for the deaths of Ms. Simposon and Goldman. It awarded damages of $33.5 million, forcing Simpson to sell nearly everything he owned to pay the judgment.
Though it may sound callous, the fact is that wrongful death cases are seldom pursued because few criminal defendants have enough assets to make it worthwhile.
In any event, if you believe that a loved one's death was caused by the carelessness, malice or negligence of another person or persons, you owe it to yourself to consult with an attorney who is an expert in the wrongful death field.
Click here to find an attorney specializing in wrongful death.
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What to bring
Bring as many of these items with you to your first consultation as possible:
- Any medical records, autopsy or coroner's reports showing the cause of death of the deceased.
- Any documentation of the incident that caused the death, including police reports AND newspaper stories.
- The names and addresses of any witnesses to the incident.
- Any documentation of the deceased's earning capaity -- recent income tax returns, W-2s, etc.
- Any information you may have about the financial assets of the person(s) you believe responsible for the death.
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