A criminal homicide involves the killing of another person without legal justification. There are various degrees of homicide depending on the intent of the perpetrator, and whether the killing was willful, deliberate and premeditated; or if the killing occurred during the commission of certain statutory crimes, such as a robbery. Homicides are generally classified as capital murder, first degree murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. Criminal punishment is dependent upon the nature of the homicide. Civilly a homicide is usually gives rise to a wrongful death claim. Accordingly, a decedent’s statutory beneficiaries may be entitled to significant damages. Moreover, the claims may be made against other persons, businesses, or entities in addition to the actual assailant. May wrongful death claims involve manslaughter cases involving motor vehicles.

In wrongful death cases, complex legal and safety issues may be involved. Like other types of accidents or injuries, no one formula can be applied but all legal and factual issues should be thoroughly considered, investigated, and resolved. The following are some of the recurring issues that should be considered including in part the following.

• What were the circumstances of the death?
• Are there reliable witnesses?
• Has the defendant been charged with a criminal offense?
• Did the defendant confess to the crime or give a statement?
• Was there an autopsy determining cause of death?
• What is the likelihood of satisfying a civil judgment?
• Did the decedent partially cause or contribute to their death?
• How old was the victim?
• Are there third parties that caused or contributed to the death?
• Did a business, professional, or other entity have a duty to control the assailant’s behavior?
• Did third parties such as a psychiatrist have a duty to warn of a known danger?
• In a motor vehicle case, did the owner of a vehicle negligently entrust the vehicle to a dangerous driver?

If a friend, or loved one are the victim of a homicide, you should take immediate steps to protect the beneficiaries’ interest. Do not compromise your or their rights by making statements to the press, insurance investigators, potential defendants, or their representatives. After calling law enforcement authorities, read the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to wrongful death claims. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.