When a person is fatally injured in an accident that was the fault of another party, there are certain surviving family members who are considered eligible to file a wrongful death suit. Typically, with relation to the deceased, it is the spouse/partner, parents, or children who will take charge of a case involving wrongful death. 

Although a majority of cases involving death will be tried as criminal cases (murder/ manslaughter), this is not necessary if a plaiftiff wishes to recover financial restitution. In a civil action such as a wrongful death case, the plaintiff’s burden of proof is not as steep as compared to a criminal trial; plaintiffs are not required to prove intent, only negligence. Additionally, criminal cases are designed to punish the perpetrator, whereas wrongful death claims can aid in the well-being of the surviving loved ones. 

It’s important to reiterate that wrongful death cases can arise from situations that are not altogether criminal, such as vehicle accidents, unsafe property conditions, use of harmful or defective products, medical error or malpractice, or ingestion of noxious chemicals. So, if criminal charges are not pursued by prosecutors, or if the defendant is not found guilty in criminal court, a wrongful death suit may still allow families to recoup monetary compensation.