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The Difference Between Wrongful Death and Manslaughter

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Nov 10, 2020

Read Time: 4 mins

The biggest difference between wrongful death and manslaughter is that wrongful death is a civil claim. In contrast, manslaughter is a criminal charge. Therefore, they are adjudicated in two separate court systems. If both are adjudicated at the same time, the findings in one case do not have any implication on the other. Since 1975, our personal injury attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have focused our practice on representing residents in New York and New Jersey in civil matters such as wrongful death.

What is Wrongful Death?

A wrongful death claim arises in civil court and is typically filed by the loved ones of a deceased or the decedent’s estate executor. These claims are filed with the intent to compensate the relatives who were left behind. The plaintiff has the burden to prove that the victim would not have died if the defendant had not been negligent. To prove negligence, the plaintiff and their wrongful death attorney must show that the defendant owed a duty of care to the deceased, that duty was breached, and that breach caused the death of your family member.

What Are Some Examples of Wrongful Death Claims?

Wrongful death claims vary significantly in their nature and underlying facts, but mostly they all involve fatal accidents. Here is a list of some common examples of wrongful death accidents:

Car, bus, or truck accidents
Large fires
Animal attacks
Premises liability cases
Construction accidents
Medical malpractice
Product liability cases
Plane and helicopter crashes

A Lower Standard of Proof in Civil Cases

Many people are familiar with the standard of proof “beyond a reasonable doubt” when proving a defendant’s guilt. However, this only applies to criminal cases, not civil cases. In civil cases such as wrongful death, the standard of proof is “preponderance of the evidence.”

While many plaintiffs in criminal cases may have extensive evidence on their side, sometimes it just is not quite enough to clear the “beyond a reasonable doubt” threshold. In contrast, with a lower standard of proof, it is easier in civil cases.

A civil suit plaintiff and their wrongful death attorneys only needs to provide enough evidence to tilt the jury’s opinion in their favor.

What Types of Damages Can a Wrongful Death Plaintiff Seek?

As previously mentioned, this claim is brought on behalf of the deceased’s loved ones. Several types of damages can be pursued, including the following:

Medical bills of the deceased
Funeral and burial expenses
Loss of the income that the survivors had expected from the deceased
Loss of consortium covers the deprivation of love and companionship experienced by the plaintiff due to the untimely death of their family member. Loss of consortium can apply to several different types of plaintiffs, including minor children of a deceased parent, the spouse of the deceased, or parents of a minor child who died.
While less common, punitive damages can still be awarded in cases where the defendant’s conduct was so egregious that the legal system seeks to punish the defendant and deter them and others from engaging in similar conduct in the future.

Do Not Delay

In the aftermath of the tragic death of your loved one, it can seem like time stops, and many things that were important to you– are now rendered insignificant and trivial. However, the statute of limitations for wrongful death claims in both New York and New Jersey is only two years.

In other words, you have two years from the day your loved one passes away in which to file. While nothing can bring them back– filing this claim can help you achieve some measure of justice. Make sure not to lose out on this opportunity by contacting a personal injury lawyer as soon as possible.

Contact us for a free case evaluation

Our firm started as a family business over 40 years ago, and we take that legacy very seriously. If you believe you may be eligible to file a wrongful death claim, call us for a confidential consultation. We work on a contingency fee basis for wrongful death cases, meaning you will not pay us anything unless you win.

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 36 days ago
 
 
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 57 days ago
 
 
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 121 days ago
 
 
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 124 days ago
 
 
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   Mike Sakmann 
 130 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 136 days ago
 
 
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 159 days ago
 
 
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   Mike Greenspan 
 172 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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 179 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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 182 days ago
 
 
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