Wrongful death is usually termed to be the death of an individual caused by the direct actions or negligence of another that leads to a third party’s loss. It’s important to remember that a wrongful death lawsuit is a civil matter and is therefore separate from any criminal proceedings regarding the death of the victim. That doesn’t mean, however, that someone cannot be tried in both criminal and civil court in Atlanta for the same incident. While the criminal trial is to determine the punitive actions that the state may enforce on the responsible party, the civil trial helps the deceased’s family by offering compensation for the emotional and financial damages that they’re suffering from.
The family of a Dunwoody man recently filed such a lawsuit against his wife after he was allegedly killed by a man that authorities believed to be her lover. While the murder charges that had been filed against her were eventually dropped, she was tried and convicted of charges related to the crime. She now awaits her sentencing hearing, which could potentially result in her spending several decades in prison. His family has reportedly not yet initiated any custody claims regarding the couple’s two children.
While collecting a judgment awarded by the court from a person convicted of a crime and serving out a prison sentence may be difficult given their limited means of income, the court may decide to liquidate and distribute their remaining assets to meet whatever expenses they have. Those who are contemplating filing a wrongful death lawsuit may wish to retain an attorney to help them with their case.
Source: Atlanta Journal-Constitution “Sneiderman found guilty on 9 of 13 counts” Christian Boone, August 19, 2013