Wrongful Death Lawsuits
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This web site does not encourage or discourage the filing of wrongful death lawsuits. This is a private matter that must be decided by the family of a victim. Filing a wrongful death lawsuit does not mean a family is trying to profit from a tragedy. (Although those that file a lawsuit within days of a tragedy raise eyebrows) While a hit and run driver may receive a prison sentence for their crime, they will be free someday - something that can not be said for the deceased victim. In a wrongful death lawsuit in most states, negligence on the part of the driver must be proveable. In many cases of hit and run, it is the victim who was at fault and a terrible accident becomes a crime only by the innocent party fleeing. This would not prove to be gross negligence on the driver.
All information on this page is subject to error and you should seek out a lawyer or attorney in your area that specialize in filing wrongful death lawsuits . He or she is your best source of information on your state laws.
Personal observation - I have noticed in a few cases where wrongful death lawsuits were settled 'before' a driver was sentenced, that the sentence they received was minimal. It may or may not have had any impact on the judges decision, but something worth asking your attorney.