Distinguishing Wrongful Death From Crimes

The USA Personal Injury Blog. Wrongful Death Attorney Providing Wrongful Death Claim Expertise To Grieving Families and Their Close Relatives.

Technically, no, a “wrongful death” is not a crime, based upon the statutory definition.

Now that you know a civil wrongful death is not a crime let’s find out why from a leading Los Angeles wrongful death lawyer, Michael Ehline, Esq. Our leading wrongful death lawyer will file a wrongful death lawsuit when someone else causes a death, usually due to negligence, leading to an accidental killing.

The same set of facts evolving from civil action for wrongful death can also be the nexus of criminal charges and criminal prosecution for an unjustifiable homicide your wrongful death attorneys must prove under the wrongful death statute.

As the Legal Information Institute (LII) explains, a wrongful death action is a civil claim in which surviving family members file wrongful death claims with a different burden of proof than a civil matter.

Your experienced wrongful death lawyer can file a wrongful death claim if an untimely death results from one of the following:

• Medical malpractice – occurs when a doctor or medical facility makes a mistake that causes the death of a patient.
• An automobile accident.
• Exposure to toxic substances.
• Defective products or machinery.
• Dangerous conditions on property owned by an individual or a city include an uncovered maintenance hole cover or a spill that causes a fatal slip and fall accident.

A death resulting in a civil claim generally brought by parents of minors, adult children, and siblings will have vastly different burdens than for someone found guilty of a murder of a deceased individual. Sometimes, extended relatives, including cousins, aunts, uncles, or grandparents, will be treated as viable claimants who can bring a wrongful death suit. Usually, the more distant the familial relationship is, the harder it will be to sue, whereas a prosecutor is a disinterested state actor acting on behalf of the state.

Another stark difference is the remedy in a civil claim; the surviving family members can seek damages for the decedent’s death, including special, economic damages (Ex: lost potential future earnings, etc.), general damages for things like pain and suffering, and even punitive damages can be sought against the party or parties held liable. Each defendant pays their fair share under California’s pure comparative negligence law.

Video – Is A Crime a Tort?

“A tort is not a crime, but a crime can come from a tort. In other words, a battery is a tort, but it’s also a crime. And the definitions are slightly different, but they basically both are the same: you were punched or you were hit or you were touched improperly, and that caused damages or harm.

Thanks for watching our video Tort Law Terms. It is not intended as legal advice. Each state and jurisdiction may have its own laws. This video series is intended to provide general information as would be taught in a law school.

To learn more about making your own video, contact and to learn more about personal injury law generally, or to update or make corrections, contact attorney Michael Ehline at (213) 596-9642.”

On the one hand, a great prosecutor is a passionate lawyer who has the state seeking jail and criminal fines as his client. On the other hand, a plaintiff is a close family member seeking money damages financial recovery (Ex: Lost earnings from the decedent’s death) with an aggressive legal representative.

When is This Type of Death a Crime?

When a person dies due to somebody else’s negligence or perhaps unwillingness to act in the situation, there is a like passion accident killing, and you may file a personal injury claim in a civil court. The survivors will have more than a few questions.

Our catastrophic injury firm has vast experience and can handle any civil lawsuit seeking damages when the defendant breached a duty that the defendant owed the decedent or you, causing a deceased’s death. So we take the civil suit portion of a negligent homicide case, whether the accused person is convicted of a crime.

We can work with the criminal litigation team and criminal court to make sure any crime victims receive criminal court restitution, which is not part of a civil court claim for a wrongful act leading to the negligent killing.

Also, we can work with the personal representative of the estate of the deceased to make sure any medical and funeral expenses and other things are accounted for in a survival action out of the decedent’s estate.

We will also keep our conversations, and specific information protected as part of a confidential relationship with your free case evaluation for any death caused, even circumstances involving an existing murder case with another person, guilty or not.

We’ll never share any sensitive or confidential information about another person’s death or your present medical bills or psychological state from losing the deceased person unless it’s to meet your burden of proof and with consent after consultation as part of the attorney-client relationship. If you may have personally encountered this case with a loved one for any reason, then you must contact Ehline to schedule and claim a free consultation with our lead counsel, Michael Ehline, to file your wrongful death lawsuit for a civil court.

Of course, there are various other possible causes of death. In a wrongful death case, the defendants are the people and organizations allegedly responsible for the damages that led to the end. These might include a doctor, hospital, manufacturer, property owner, driver, or employer.

Wrongful Death Law

Here’s how it works, briefly. California’s death statute of limitations gives you rights to compensation within a limited time, whereas there may be no statute for murder. Be careful and look for any red light raised when seeking a decent representative. You must hire a professional advocate to gather enough evidence beyond a reasonable doubt in a civil court to prove your claim and help you get the financial support you need to cater for burial expenses, medical treatment costs, putative spouse, and recover damages.

Suppose the authorities have sufficient evidence that the negligent party (defendant) intentionally caused the victim’s death. In that case, criminal charges may be filed against them in a formal, verified complaint, and criminal penalties shall follow for breach of peace, etc. If this happens, it will no longer be a civil case the family files but a “criminal” case.

Our injury law firm can help you evaluate your California wrongful death as our first step, according to California civil jury instructions. Meanwhile, murder lawsuits are criminal cases, which means the state files and brings the case on the basis that the defendant or an entity committed an illegal act (negligently killed someone) in society, subjecting the defendant to incarceration.

Criminal cases are between authorities and defendants, while civil lawsuits are between citizens and companies/organizations. We file criminal cases to determine if someone, including third parties like an organization, has broken the law. Civil cases are for the sole purpose of obtaining financial compensation for the injuries incurred based on the severity of the act.

Settlements in Wrongful Death Cases

Wrongful death damages demand that you prove that the defendant caused the death of your family member. That means the evidence must point to the responsible parties as to the cause.

For more details on California law as it applies to your potential wrongful death claim that suits your situation, receives a free case review today.

The amount that the deceased’s family can claim in wrongful death lawsuits depends on the degree of negligence on the part of the responsible parties, the deceased personal’s life expectancy but for the failure, and the total amount of money lost as a result of the death, determined by specific information related to the actuarial life of the dead person.

For example, a wife losing a husband will lose her companionship. If the deceased was a substantial earner and provided for their family, the heirs suffered significant losses because that individual could no longer work and sustain the family after their loved one’s death, ruining the quality of life.

Many considered factors affect the amount of financial compensation for wrongful deaths. You need to start an attorney-client relationship with an Ehline lawyer now.

Why Choose Us To File Your Wrongful Death Claim?

If somebody has suggested talking with a lawyer after someone you love was killed, you might have found the idea ridiculous. How can a lawyer bring back your loved one? While it’s true that your loved one’s death is not reversible, our caring and expert lawyers are ready to assist you in your wrongful death lawsuit.

Think about how much it costs for funeral and burial services – it can number in the thousands of dollars out of your pocket if you haven’t prepared for this financial obligation in advance. This is especially in cases of wrongful death where the deceased was young; they may not have thought to set aside an insurance policy to cover those costs for the survivors left behind.

So who ends up paying them? Your family, and with a lawyer on your side, you can see that the person or people responsible for this tragedy compensate you.

Finding a Wrongful Death Lawyer

Once you have decided to hire a lawyer, many people look through paid attorney advertising, lawyer referral service, or other ways to get a personal representative. You may not find complete healing, but the process can help you with closure and compensation in a financially difficult time. Talk to us today for free to help you review civil lawsuits and your injury case.

A wrongful death lawsuit can be complex, and insurance companies fight hard to avoid paying too high a sum in the settlement. For this reason, you need a lawyer to obtain the highest possible settlement as the plaintiff. We have won over $150 million on behalf of satisfied clients.

You can receive a free consultation by dialing (213) 596-9642. Or you can use our online consultation form to get faster legal advice from a charismatic and compassionate lawyer to file a wrongful death case.

You deserve the best lawyers in your city. Our award-winning firm isn’t famous for winning clients millions. Our talented legal team of law clerks, paralegals, and highly trained accident lawyers understand what wrongful death grieving means.

We’re a veteran-run firm that takes “do or die” to a different level! Michael Ehline advocates for self-defense rights and uncovering government corruption. You can surrender your rights to receive total and fair compensation or call us.

We are available 24/7 to listen to your problem with compassion and Saudade. You or your loved ones can reach out to our superior injury attorneys today by dialing (213) 596-9642.

A top-notch, award-winning fatal accident lawyer is standing by to answer whatever essential questions you may have about wrongful death lawsuits. With over 15 convenient locations in California, you can come to us, or we can come to your home, hospital, or workplace.

Wrongful Death Lawsuits are Possible

When a person, their child, or a close family member is killed as a result of another person’s (including the police) negligence or wrongdoing, this may be classified as two distinct legal events.

1. Civilly, the survivors have a wrongful death case covered under civil procedure rules.
2. Criminally, the state may have a murder case against the rogue cop if they can prove the crime beyond a reasonable doubt. (For example, the police shoot an unarmed man with zero justification.).

State wrongful death claims against police occur regularly in Los Angeles Superior Court, but most claims against bad cops are heard in federal court. In a crime, the accused guilty officer who took the shot may do jail time and pay some fines and penalties if the officer isn’t saved by absolute or qualified immunity. The penalty varies. In a criminal case, the alleged murderer, if convicted, the state is the victim.

Here, since your loved one didn’t have to die per the Penal Code, in a civil case, the alleged killer is held liable to pay the survivor or close loved ones money damages as compensation for the incident killing their loved one.

Surviving family members who were financially reliant on the deceased, such as children, surviving spouses, or parents, may have entitlement to compensation for the death, which causes pain and suffering, emotional distress, and lost wages. Sadly, in most police abuse cases, there is no insurance company, and you’ll be dealing with the city, county attorney, or private outside counsel.

A professional wrongful death attorney from Ehline Law Firm can answer any questions about wrongful death lawsuits. With decades of service, we have been helping our friends and clients, offering helpful information and complete legal representation.

In the process, we’ve won clients over $100 Million. Below, we discuss some important details and FAQs regarding a nonviolent death suit caused by police brutality with a gun or other instrument of death. After reading this article, we hope you learn and understand the difference in police killings.

FAQS – Before Filing a Wrongful Death Suit

What Are Wrongful Death Claims?

In this country, each state has some death law. A wrongful death action is an act on behalf of the deceased’s relatives or heirs in their own right. Examples of plaintiffs can include certain blood relatives and legal family members to the extent they are still alive. (a married wife, sisters, grandparents, minor children you were raising, including certain stepchildren in a new marriage, and maybe a putative spouse, for example).

Modernly, even a registered domestic partner can sue and demand criminal charges be filed with the DA. The law identifies that the deceased’s surviving family members got robbed of the decedent’s affection, companionship, and, in certain circumstances, income and permits them to seek jury awards called “compensation” over the sad event destroying their lives.

To begin with, who gets sued depends on their status as officers in the line of duty, a private employer, or other legally accountable persons. The mistake most victims make is assuming the police will hold themselves responsible for what happened!

Typically, that is a vast lie based on an ill-informed opinion from an earlier time that police must protect you. They don’t. One of the many benefits of being a police is the privilege of qualified immunity as a state actor. Many view this instance as denying fundamental rights, but this is the law.

Generally, the police are not your friend, as evidenced by their brutal treatment of the recently murdered George Floyd. Officers are armed magistrates who perform a ministerial function when they respond to and determine how crimes are treated or secure arrests. Finally, who can sue police as civil defendants will usually boil down to intestate succession and statute, not common law guidelines?

What Are the Most Common Causes of Wrongful Death Cases?

The following are some of the most common causes of a wrongful death lawsuit:

• A car accident (passenger or driver)
• Deaths caused by medical malpractice and deaths caused by medications or defective medical devices.
• Workplace deaths due to a variety of factors
• Neglect or healthcare errors in nursing homes
• Falling off items or trench cave-ins on construction sites
• Defective products that cause death
• Defective warning label deaths
• Violence-related deaths.

Who Is Responsible if the Deceased Person Dies in a High-speed Chase Started by the Police

California Vehicle Code Section 17004 states:

“A public employee is not liable for civil damages on account of personal injury to or death of any person or property damage resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or other emergency call.”

In addition, the United States Supreme Court supports police protection in high-speed chases, meaning that you cannot hold the police responsible for causing a wrongful death suit in this regard.

This is an unfortunate rule regarding law enforcement, as police agencies in high-speed chases hurt over 10,000 individuals each year, frequently for minor violations. Although the CHP and other organizations have “Guidelines” for similar situations, they are of little use to someone who got killed or seriously injured as a result of them. This is how police avoid a civil or criminal case for the negligent act of running over a pedestrian or causing a victim’s death in a car crash.

This is much different in a typical case, like when a drunk driver speeds up, striking a pedestrian. Here, your legal team will face many obstacles to justice and legal wrangling, including a different statute of limitations to sue (six months instead of two years).

How Long Does a Wrongful Death Lawsuit Take?

A wrongful death claim can be resolved in months or take several years to conclude.

Here are a few factors that affect how long wrongful death lawyers may be litigating cases.

• Liability
• Amount of Insurance
• Unreasonable valuation of death.

What About a Survivor’s Action?

Unlike wrongful death actions, a survival cause of action must be brought by the estate’s representative on behalf of the dead victim to cover their out-of-pocket and other losses.

Here, the estate can collect damages for pain, suffering, and other personal issues like funeral expenses and damage to the deceased’s property from a civil court. For example, when a police officer strikes an arrestee and straddles their back, trying to secure handcuffs on the arrestee’s wrists.

Maybe other cops struggled to pull back the arrestee’s arms, and the arrestee died? Perhaps they placed their shoes on the victim’s throat, etc. Suppose the victim had pneumonia or a respiratory disorder and passed away. In that case, the estate can sue the police and their government entity for the decedent’s pain and suffering, emergency room expenses, and possibly even punitive damages!

If the taser the police used was defective, the estate could sue the manufacturer for a similar damages award. Of course, suppose the emergency room doctor prescribed bad drugs or the wrong medication, which led to a sensitive patient dying. In that case, the decedent’s estate may have a medical malpractice claim against the hospital and doctor.

So there can be more than one part responsible for paying you. They determine who pays what comes down to the parties with standing to sue, their lawyers, and the facts obtained from the investigation.

Can You Recover Punitive Damages in Cases in Los Angeles, California?

In some cases, surviving families cannot receive an award of punitive damages against the at-fault party. Suppose there was any economic loss (lost income or medical expenses) before the decedent’s death. In that case, an estate executor may file for punitive damages as a survival action claim under the right circumstances (witnesses can verify the life was taken intentionally, etc.). Consult a friendly and charismatic expert wrongful death lawyer for more information.

How Do You Pay Out Settlements?

Settlements are usually handed out in one big payment. After paying the lump payment, attorney fees and costs associated with obtaining the settlement are deducted. The remaining funds recovered are distributed to surviving families. A structured settlement is possible on rare occasions.

A structured settlement is comparable to an annuity in terms of how it works. The cash descendants are entitled to for support will be invested. Interest and principal will be paid out regularly or annually based upon prior consent. As a result, if the decedent’s dependent spouse prefers a monthly income rather than a flat sum, this can work out.

It is terrible to lose a loved member to an accident or other act under any condition. On the other hand, with current legislation and obeying the statute of limitations, the victim may seek compensation.

Need Skilled Wrongful Death Attorneys?

To win a case against a police wrongdoer requires skilled legal representatives. Are you in failed settlement negotiations over the loss of your kin?

We are wrongful death lawyers who seek to punish those who commit heinous atrocities accountable for their deeds that occurred, taking an innocent human life.

Schedule a Free Consultation with an Experienced Wrongful Death By Police Attorney

We offer free consultations in good faith to teach your rights, review your evidence proof, and discuss your recovery goals to heal from the wrongdoing against the decedent. As noted, a claim may lead to significant compensation for funeral and burial expenses, pain, suffering, and lost income.

We have represented thousands of clients and can grant you help, too! Phone us today to discuss forming an attorney-client relationship with our wrongful death attorneys and make your request.

All calls are free and confidential to serve your needs better. If a family member got killed due to someone else’s negligence, contact us at (213) 596-9642 for risk-free, confidential legal advice.

A loved one’s death is always challenging to take; nevertheless, a death caused by someone else’s negligence may cause much more than sadness, anguish, and resentment. You may want to pursue justice for the victim’s death and hold the person responsible for their death accountable.

The most effective strategy to do so is to file a wrongful death lawsuit against the responsible party and seek legal reparations with the assistance of our friendly and charismatic attorneys.

Understanding How to Make a Wrongful Death Claim

Consulting a Wrongful Death Attorney

Before doing anything else, consult an experienced wrongful death lawyer in Los Angeles. You go over the events leading up to the wrongful death action, how much you should get compensated for the financial and emotional losses you’ve suffered, and what measures you can take to make a compelling wrongful death case in court. While money can never bring a loved one back, it is a safe alternative to seeking financial compensation.

Suppose the family member contributed to your household expenses. In that case, your family members might face financial hardship due to lost income – not to mention your departed loved one’s funeral costs and burial expenses. Thus, seeking monetary compensation serves as a form of justice and a financial support safety net for the future of surviving family members.

Filing a Wrongful Death Lawsuit Before the Statute of Limitations

In California, wrongful death claims are subject to a statute of limitations, which specifies the period a victim has to submit a wrongful death claim after the crime occurred. A surviving spouse, children, or other family member has two years from the date of their loved one’s death to bring a claim, just as in other personal injury cases.

If you are late to the deadline, you and anybody else who may bring a wrongful death claim for your lost loved one lose their right to file wrongful death claims.

Preparing Your Wrongful Death Case

Wrongful death cases need to be prepared together with your wrongful death lawyers. It is up to the jury and judge to resolve wrongful death cases after they are presented in court. An excellent personal representative can present a compelling case with sufficient evidence to support your wrongful death suit. They must also have enough experience to make a convincing case for the amount of compensation they consider they have an entitlement to.

Damages Compensation Explained

When the court and jury determine that your loved one’s death resulted from negligence, they ensure that justice gets delivered when you seek compensation. While this does not bring the person back, it helps you cope with your sorrow and protect your finances after they die away.

Once judges in California agree that a person deserves compensation when wrongful death occurs, they must divide the compensation amount into two categories: economic and non-economic damages.

What Damages Can Include

Your financial or economic losses include financial assistance, gifts, perks, domestic services the deceased person would have supplied, medical bills, funeral expenses, and burial costs. The loss of their affection, friendship, protection, enjoyment of intimacy, and direction are non-economic losses. Experiencing the aftermath of a loved one’s tragic death may become a trying experience for anybody. However, there is an opportunity to get justice and come to terms with the loss and the responsible party or parties. Surviving spouses need the support of a knowledgeable and experienced lawyer to ensure they achieve the justice and compensation they deserve in wrongful death lawsuits.

Seek Justice by Scheduling a Free Consultation: Ehline Law Firm Can Settle Wrongful Death Claims

Ehline Law Firm has the knowledge and expertise to assist you with wrongful deaths. They understand that persons who were injured or lost a loved one due to someone else’s negligence deserve to be fairly compensated. We strive to achieve a favorable attorney-client relationship so that you trust us to handle your personal injury claim and prove wrongful death.

We can provide you with legal representation to recover compensation, whether you lost someone due to medical malpractice, motor vehicle accidents, criminal acts, or another wrongful act. We are the best in the business and will fight like crazy to help you obtain maximum compensation while providing swift, compassionate assistance. Call us today at (213) 596-9642 to schedule a free case review with a wrongful death lawyer.