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Wrongful death has lower standard of proof than criminal case

We have all heard the headlines where those in our Atlanta community were injured or even killed in an accident or altercation. Sometimes these injuries are criminal and other times they just feel wrong, like someone should be help accountable, even if it was an accident. That's where wrongful death suits come in. These civil suits can seek damages for loved one's who have love someone important to them in an accident involving negligence.

Not all accidents appropriately framed for a wrongful death. Some accidents are just accidents after all. But if there is even a small suspicion that someone's negligence could have caused or contributed to loved one's untimely death, it is certainly worth looking into. The truth is that negligence could come attributed to a single person, a business or even a related-third party.

Fatal accidents could happen at work, while driving, or really when doing anything - anywhere! That is a scary thought; that danger looms in every corner of our everyday life. However, generally, incidents involving negligence are rare. For those unlucky enough to experience it, proving negligence includes the clause 'preponderance of the evidence' rather than in criminal cases, beyond a reasonable doubt.

This means that the level of proof needed to prove negligence in a wrongful death case is lower than in criminal cases. It's possible that two cases could co-exist or be created when a person dies unexpectedly. It's possible that a family could lose the criminal case but have a favorable outcome in the wrongful death suit. Wrongful death suits seek damages for those left behind after a loved one's unexpected death due to another's negligence.

Source: FindLaw, "Wrongful Death Overview," accessed Dec. 11, 2017

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