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Wrongful death claim
Wrongful death
is a claim in
tort
against a person who can be held liable for a death. The claim is brought in a
civil action[?]
, usually by close relatives. Unlike
criminal law
, private parties may bring the suit. The
defendant
has fewer
due process
and
Constitutional protections[?]
such as
immunity
or the right to refuse to give
testimony
. The
standard of proof[?]
is typically
preponderance of the evidence[?]
as opposed to
clear and convincing[?]
or
beyond a reasonable doubt[?]
. For all the above reasons, it is often easier for a family to seek retribution against someone for wrongful death in
tort
than a proper
criminal law
conviction.
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