Tuesday, November 24, 2009

Is A Lawsuit Loan Available To Individuals Who Have Suffered A Loss As A Result Of Wrongful Death? Are You Facing Legal Challenges And Mounting Expenses As A The Result Of The Negligent Acts Of Another? (Part 3)

A wrongful death action seems to fly in the face of convention. Under common law, a deceased individual, due to the obvious inability to file a lawsuit on his/her own behalf, had no course of recovery for the harm that resulted in death. Therefore, a legal loophole arose. It was necessary to create laws that would address the issue of wrongful death to allow those harmed as a result of a loved one's death an opportunity to recover for damages sustained.

It is important to keep in mind that there is a significant distinction between criminal and civil actions. In criminal actions, the standard of proof is quote beyond a reasonable doubt." In a civil action, the arena in which a wrongful death claim may be brought, the standard of proof is "preponderance of the evidence." (It is interesting to note that in the United Kingdom, the standard of proof is "on the balance of probabilities.") In many instances, lawsuit loans will be available to individuals who wish to bring a civil action to obtain recovery for the wrongful death.

It is the standard of proof that must be satisfied in a civil action that makes a wrongful death claim a claim with the greater likelihood of a successful prosecution. (As previously stated, the filing of a civil action does not preclude the simultaneous pursuit of an action in a criminal court. Of course, criminal actions must be prosecuted by the state.)

It should be borne in mind that the two actions are not mutually exclusive (e. g., O. J. Simpson). The individual who caused your loved one's death may be pursued both criminally, viz., in a criminal court, and in a civil court. In a criminal case, a conviction is sought. In a civil matter, in most instances, monetary recovery is the goal. When pursuing a civil action, a lawsuit loan may be just what you needed.

It is important to note that a wrongful death claim is the only recourse available when your loved one's death results not from another individual's actions, but rather as a corporation's actions. An example of this is the fact that many families have tried over the years to pursue tobacco companies for criminal conduct, to no avail. However, many families have found success in pursuing tobacco companies in several courts.

Your grief is too much to bear! You find that your expenses keep climbing higher and higher! Your loved one is no longer around to assist you in meeting your day-to-day expenses. What options are available to you? In such instances, lawsuit loans can often provide much-needed relief in addressing the concomitant financial-distress.

Don't be so quick to give up on pursuing that wrongful death claim! If your decision is being made due to a lack of financial resources, you cheat yourself if you fail to look into obtaining the lawsuit loan to assist you to enable you to pursue the individual responsible for causing your loved one's death.

Need more infofmation about lawsuit loans? We've got more and will help you find out all about obtaining a lawsuit loan and what it can do for you.

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