A wrongful death lawsuit is a civil lawsuit, and liability can only be taken in the form of monetary compensation. It is not a homicide charge and has no provision for imprisonment. However, a wrongful death claim can be filed even if a criminal case is already ongoing. Furthermore, even if the suspect is acquitted, as, in the O.J. Simpson murder trial, the victim's family may file for a wrongful death action and seek payment for damages in money.
A wrongful death claim is easier to win than a murder case since the plaintiff in a wrongful death claim does not have to prove, as in a murder case, that the defendant is guilty beyond a reasonable doubt.
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