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Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.
Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
The main difference between wrongful death and manslaughter is intent. Wrongful death occurs when a person's death is caused by the negligence or intentional actions of another party, while manslaughter occurs when a person kills another person without premeditation or intent.
In Idaho, damages in wrongful death cases typically fall into one of two categories: economic damages and noneconomic damages. Economic damages are based on concrete dollar amounts, such as those found on receipts, hospital bills, and other financial documents.