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What a Criminal Case Means for Your Wrongful Death Claim—And What It Doesn’t

Everybody seems to want you to make a decision right now. Your church is waiting to hear about funeral plans. Your family wants to know what the future is going to look like. You want to know how you are supposed to go on without your spouse.

As you struggle to create a future that you never wanted to live without your spouse, you are going to have to make difficult decisions, and in order to make those decisions you are going to need accurate information.

What the Criminal Case Really Means to Your Wrongful Death Claim

The state may have filed criminal charges against the person who killed your loved one. That means that the state has reasonable cause to believe that the person who killed your loved one broke a law and should be held accountable.

The criminal case is independent of any civil wrongful death case that you might bring. The outcome does not mean that you have, or don’t have, a valid wrongful death claim. It does not determine whether your potential wrongful death claim will be successful. You will still have to meet the elements of a civil wrongful death case regardless of the outcome of the criminal case.

You Will Have to Make a Decision

The state decided to pursue a criminal case, but you are going to have to decide whether you want to pursue a civil wrongful death claim. While the decision may be yours to make, you don’t have to do it alone. You can browse our free videos and read our free articles to learn more about your rights and about how to make an educated decision that is right for you and your family.

Jason F. Abraham
Managing Partner, Hupy and Abraham
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