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Wrongful death claim
Wrongful death is a claim in tort against a person who can be held liable for a death. The claim is brought in a civil action[?], usually by close relatives. Unlike criminal law, private parties may bring the suit. The defendant has fewer due process and Constitutional protections[?] such as immunity or the right to refuse to give testimony. The standard of proof[?] is typically preponderance of the evidence[?] as opposed to clear and convincing[?] or beyond a reasonable doubt[?]. For all the above reasons, it is often easier for a family to seek retribution against someone for wrongful death in tort than a proper criminal law conviction.
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