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Blogs 2019 July Can a Wrongful Death Claim Be Filed in Addition to Criminal Charges?
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Can a Wrongful Death Claim Be Filed in Addition to Criminal Charges?

Posted By Law Office of James M. Stanley || 8-Jul-2019

Wrongful death claims allow those who have lost a loved one to another person’s negligence to collect compensation for their pain and suffering. These claims are civil suits, and often apply to harm that was not purposeful — for example, a vehicle collision or work accident. Civil action is usually appropriate for these situations, but the negligent party may face a criminal charge such as manslaughter.

In cases in which criminal legal action is appropriate (like in situations of violence), the victim’s family may also be entitled to a claim. Criminal charges can even help plaintiffs build a wrongful death case.

Car Accidents

A vehicle collision that results in a death can be the subject of a vehicular manslaughter case, but like in any car accident case, the victims can recover damages. A family that loses a loved one to a collision can hold the negligent driver accountable in a wrongful death claim, even if the driver is also facing criminal charges.

Medical Malpractice

Medical malpractice cases present a unique situation because of the rarity of criminal charges. Civil action is appropriate if a doctor’s negligence causes the death of a patient, but the chances of the doctor being charged with a crime are lower. For a doctor to face criminal charges for medical malpractice, victims must be able to prove that the doctor intended to harm the patient, or was so grossly negligent that they knew the chance of causing a death was high.

Work Accidents

The family of a worker who is killed on the job may be entitled to a wrongful death claim, but the benefits available may be limited according to the workers’ compensation claims in the state. Employer negligence is not often considered criminal, but if a death occurs because of intentional harm or misconduct, the employer could face charges and wrongful death damages.

Criminal Activity

When criminal violence is involved, filing a wrongful death claim is not only permitted, but the criminal element can substantiate that claim. Providing evidence that the offender was charged with a crime in relation to the death makes the case for recovering compensation much stronger.

Was your loved one killed because of the negligence of another person? If you have a wrongful death case, contact the Law Office of James M. Stanley.

Categories: Wrongful Death

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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