What is a wrongful death suit for wrongful death by criminal acts?
A wrongful death suit for wrongful death by criminal acts is a legal action that surviving family members of the deceased can take against someone who has been found criminally responsible for the untimely death of a loved one. These wrongful death suits may seek compensation for funeral expenses, medical bills, lost wages, and/or emotional distress. In New York, wrongful death claims by criminal acts are brought under the New York Wrongful Death Law. This law allows family members to sue for damages for the death of a loved one who was killed by another’s wrongful act or negligence, such as medical malpractice or a criminal act. The wrongful death lawsuit must be filed within 2 years of the deceased’s death. It is important to note that a wrongful death suit is not a criminal action. It is a civil action brought by surviving family members to seek compensation for losses caused by another’s wrongful death. The criminal action is decided in the criminal court while the civil action is decided in the civil court. The burden of proof for a wrongful death suit by criminal acts is a “preponderance of evidence.” This means the plaintiff must prove that the defendant committed a wrongful act or negligence that caused the death of the deceased. As such, the plaintiff in these cases must present evidence that is more likely true than not true in order to win the lawsuit.
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