contractors - protect yourself from legal liabilities

Can I File A Wrongful Death Claim After An Arson-Related Felony Murder?

15 July 2022

Lawrence Ross

If an individual is engaged in an activity that is inherently dangerous and they cause the death of your family member, this can be referred to as "felony murder." One example of this is if the other party was engaged in arson. Even if they did not intend to kill anyone, this act is considered to be dangerous enough that it might be considered murder. However, even if the arsonist is convicted of murder and sent to prison, you may still be able to file a wrongful death claim against them.

How a Wrongful Death Claim Works

A wrongful death claim is a civil claim that is usually filed by a family member of the deceased against the party who is considered responsible for the wrongful death. Civil actions are considered to be separate from criminal proceedings. Therefore, even if the arsonist is found guilty of felony murder, they might not necessarily be found liable for the death of your loved one.

However, it is easier to win a civil case than a criminal case because the standards of proof are much lower. While you must prove that a party is guilty beyond a reasonable doubt in a criminal case, you must prove that a party is more likely to be guilty than not in a wrongful death case. 

Extending the Statute of Limitations

Civil cases have a statute of limitations that varies depending on the state in which you reside. However, the statute of limitations can be extended when criminal charges are brought against the arsonist. This allows you to avoid having to file a civil claim while the criminal case is ongoing. 

Winning Your Case

To file a wrongful death claim, you will need to prove that you are entitled to compensation for the death of your loved one. This is based on the relationship you have with them. For example, spouses, children, and parents are usually entitled to compensation for wrongful death. Other relatives might be entitled to compensation depending on the state in which you reside.

To win the wrongful death case, you will need to prove that the other party is liable for the death of your loved one. If your wrongful death lawyer is able to prove that the fire caused by the arson was the cause of the death of your loved one and that the defendant started the fire, you might win your case.

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