Judge Removes Himself from Wrongful Death Law Suit

Clore Law · October 30 2011

A Hilton Head News source reported Judge Dukes removed himself from a wrongful death lawsuit. He reported a conflict, but no further details were offered. The wrongful death in question occured at a party in August hosted by former South Carolina governor Mark Sanford's brother. The death was rules as accident, but this demonstrates the distinct difference in criminal and civil legal system of our country. A party can be found innocent of criminal charges, or not be charged at all. In a wrongful death lawsuit, the plaintiffs' attorney needs to demonstrate that the defendants actions were more likely than not responsible for the death. "Beyond a reasonable doubt" does not apply in a wrongful death lawsuit. The standard of proof is lesser because of the penalties involved. Criminal cases involve jail time; Denying one's liberty is a serious task. A wrongful death lawsuit is largely dealing with the financial ramifications of the death. You cannot go to jail for loss a wrongful death case.

Wrongful Death Trials

You have the option of trial by jury or judge in some states. In jury trials, a majority votes determines the outcome. In criminal trial, a unanimous verdit is required. Most case do not end up in court. Most are settled pre-trial. An insurance company will realize the likily loss they would suffer in court and settle before. Choosing a wrongful death attorney to represent your family is a big decision. You will need one who has, can and will take a case to court. The insurance companies know who can try a case. This gives trial attorneys more leverage in negotiating wrongful death settlements.

Wrongful Death Lawyer

Wrongful death settlements and verdicts can be very large. If victorious, you may receive compensation for medical expenses, future lost earnings and pain and suffering. The financials make the insurance companies fight hard against your claim. Your wrongful death lawyer will need not only the experience, but the resources to take your case all the to trial. It may turn out to be a process that takes years to resolve. The Clore Law Group can take your case all the way to trial, if that is what it takes. Call today to speak to an attorney about your wrongful death case.