IntroductionWrongful death cases often arise from negligent acts that lead to the loss of a loved one. However, in some circumstances, the wrongful death may be the result of an intentional act. In such cases, the financial viability of pursuing a wrongful death claim becomes questionable, as insurance policies typically do not cover intentional wrongful acts. This blog post delves into the complexities of wrongful death liability in the context of intentional acts, exploring the limitations on recovery and the challenges faced by those seeking representation.
The Difference Between Negligent and Intentional Wrongful DeathWrongful death lawsuits arise when someone dies due to the legal fault of another person or entity. These cases generally fall into two categories:
- Negligent wrongful death: This is the most common type of wrongful death case, and it arises when the defendant's negligence or carelessness leads to the death of the victim. Examples include car accidents caused by careless driving, medical malpractice, and premises liability cases.
- Intentional wrongful death: These cases occur when the defendant's intentional actions result in the death of the victim. Examples include assault, battery, and murder.
The Challenge of Recovery in Intentional Wrongful Death CasesWhile both negligent and intentional wrongful death cases are actionable civilly, there is a significant difference in the likelihood of obtaining a monetary judgment. Insurance policies typically cover negligent acts, providing a financial source for the recovery of damages. However, insurance policies rarely cover intentional wrongful acts, leaving the defendant personally responsible for any judgment.
If the defendant does not have the financial means to pay a judgment, the victim's family may find it difficult to recover any compensation, even if they successfully prove their case in court. As a result, many attorneys may be reluctant to accept representation in intentional wrongful death cases where the defendant's financial situation is precarious.
Criminal vs. Civil LiabilityIt is essential to differentiate between criminal and civil liability in intentional wrongful death cases. While the perpetrator may face criminal charges for their actions, it is the district attorney's responsibility to prosecute those charges. The victim's family cannot initiate or control the criminal process.
On the other hand, a wrongful death lawsuit is a civil action that seeks to hold the defendant accountable monetarily. Although the criminal justice system may punish the defendant, a criminal conviction does not guarantee financial compensation for the victim's family. A separate civil lawsuit is required for the recovery of damages.
ConclusionIntentional wrongful death cases present unique challenges for those seeking to hold the responsible party financially accountable. Insurance policies typically do not cover intentional acts, limiting the avenues for recovery. Additionally, the defendant's financial status may make it difficult for the victim's family to find legal representation.
While the criminal justice system may hold the defendant responsible for their actions, it is crucial to understand that criminal convictions do not automatically result in financial compensation for the victim's family. Pursuing a civil wrongful death lawsuit remains the primary avenue for obtaining monetary compensation, even if the path to recovery may be more complicated in cases involving intentional acts.