After Hours Appointments Available
Call Now To Schedule A Free Consultation
Toll Free:850-659-6512

Criminal conviction not necessary for wrongful death lawsuit

When a family in Florida loses a loved one in circumstances that involve the negligence of another party, the close relatives may have questions about pursuing claims for financial relief. This can be done by filing a wrongful death lawsuit in a civil court. Such a claim can be filed regardless of the outcome of a criminal case that might have followed the incident.

While a criminal charge requires guilt beyond a reasonable doubt to obtain a conviction, a civil lawsuit is based upon a measure of proof known as a preponderance of the evidence. This essentially means that the plaintiff must present enough convincing evidence to tip the scales of justice in the plaintiff's favor. For this reason, even a person who was not convicted in criminal court may be found liable for monetary damages in civil court.

The goal of a wrongful death claim is to obtain compensation for economic and non-economic damages -- based on the laws of the state. Documented losses that can be claimed typically include medical expenses for treatment prior to the loved one's death and the costs related to end-of-life arrangements. Loss of support may be sought, including lost income of the deceased and the loss of potential inheritance. The loss of services, affection, love, nurturing and care may also form part of the claim along with pain and suffering of the surviving family members.

Various reasons exist for securing the services of an experienced Florida wrongful death attorney. Along with explaining the applicable laws and the statute of limitations, he or she can help with establishing negligence, determining whom to name as defendants and documenting the damages to claim. Furthermore, a lawyer can navigate the ensuing legal proceedings and work toward achieving a monetary judgment to cover documented losses.

Source:, "Wrongful Death and Liability Policies", Marianne Bonner, Accessed on Feb. 9, 2018

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get The Help You Need

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Law Offices of Cameron D Simpson, P.A.
152 Eglin Parkway N.E.
Fort Walton Beach, Florida 32548

Phone: 850-659-6512
Fax: 850-796-1724
Fort Walton Beach Law Office Map