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 Message Boards » » Can someone explain wrongful death law suit to me? Page [1]  
seedless
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I don't get it. Really wtf?

3/16/2009 9:54:52 PM

khcadwal
All American
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whats not to get

3/16/2009 9:55:13 PM

EMCE
balls deep
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what's not to get?

3/16/2009 9:55:27 PM

jataylor
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do you not remember the OJ Simpson civil suit

3/16/2009 9:55:36 PM

nastoute
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the civil and criminal systems are separate

it may not seem fair or reasonable but it is what it is

3/16/2009 9:57:35 PM

HaLo
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"preponderence of the evidence" vs. "beyond a reasonable doubt"

civil law vs. criminal law


what is there not to get

3/16/2009 9:57:55 PM

ncsuapex
SpaceForRent
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Yeah.. but OJ had actually been on trial for murder. This Jason Young guy isn't technically a suspect, according to the police. How the fuck can he be responsible for her death if he hasn't even gone to a criminal trial?

3/16/2009 9:59:53 PM

HaLo
All American
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"preponderence of the evidence" vs. "beyond a reasonable doubt"

3/16/2009 10:00:49 PM

seedless
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That's retarded. So that's the legal leg for a wrongful death lawsuit? Wow.

3/16/2009 10:02:02 PM

ncsuapex
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^^ WHAT evidence showed he is responsible for her death??

3/16/2009 10:03:29 PM

elkaybie
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Car accident
Not at fault victim (no contrib whatsoever in NC) dies
Wrongful death personal injury lawsuit

Killed on the job (no contrib whatsoever in NC)
Wrongful death worker's compensation lawsuit

Dying during medical procedure due to a catastrophic error, misdiagnosis, or RXX error
Medical malpractice wrongful death suit

Products liabilty causing death (see John Edwards pool drain case)
PL wrongful death suit

As said already...OJ Simpson civil trial

[Edited on March 16, 2009 at 10:05 PM. Reason : Oops said that 2x]

3/16/2009 10:04:12 PM

seedless
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A wrongful death lawsuit is the most ridiculous legality that I've ever heard of. Quite literally.

But why is he held accountable?

[Edited on March 16, 2009 at 10:05 PM. Reason : /]

3/16/2009 10:04:46 PM

nastoute
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^^^^ it's the legal reason for being convicted in one and not the other

we all learned this from the OJ Simpson stuff

[Edited on March 16, 2009 at 10:05 PM. Reason : .]

3/16/2009 10:04:53 PM

khcadwal
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it might help to look up the wrongful death statute in the state. a lot of them are similar to negligence/strict liability so you don't even have to directly cause someone's death. you could indirectly cause it/contribute to it/etc.

3/16/2009 10:05:30 PM

amac884
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now can we tackle the real question...

what's not to get?

3/16/2009 10:05:48 PM

seedless
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But how did this dude on WRAL contribute to her death in any kind of way?

[Edited on March 16, 2009 at 10:06 PM. Reason : /]

3/16/2009 10:06:16 PM

EMCE
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I guess they're saying that he may not have committed the murder
but if it hadn't been for his actions, presence, etc... the girl wouldn't have died

he also failed to respond to a court summons. That in itself can be set as a ruling against you

[Edited on March 16, 2009 at 10:10 PM. Reason : a]

3/16/2009 10:08:50 PM

HaLo
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Quote :
"Young's husband, Jason, is not expected to challenge an order requiring him to pay civil damages in his wife's death. Last year, a Wake Superior Court judge found Jason Young responsible for the wrongful death of his wife after he failed to contest a civil suit filed by his wife's family.

Jason Young has not been charged with killing his wife, though investigators suspect him of murder, according to court records. By not responding to the civil suit, Young avoided having to give sworn testimony about her death. "


failure to respond to a civil suit = automatic judgement against you

3/16/2009 10:09:19 PM

seedless
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What actions? Ir his actions did contribute then he should be charged with murder.

^ I am sure his lawyer advised against it.

And how is he a suspect? Haha WRAL or somebody is full of shit.

[Edited on March 16, 2009 at 10:10 PM. Reason : /]

3/16/2009 10:09:42 PM

HaLo
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that came from today's news and observer

3/16/2009 10:12:08 PM

khcadwal
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dude now we are back to the standard thing

threshold in civil suits is WAY lower than threshold in criminal cases

besides, it didn't sound like they were done investigating yet (per the article)

3/16/2009 10:12:25 PM

seedless
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WRAL has the same thing on their website I read earlier. Is that AP material?

^ I am not saying you guys are wrong, I am saying a wrongful death judgment in a murder case without the person being on trial for murder is absolutely stupid.

[Edited on March 16, 2009 at 10:14 PM. Reason : /]

3/16/2009 10:12:39 PM

HaLo
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the point here is that he did not respond to the civil action thus forcing the judge to enter a judgement against him (you can't just ignore a civil lawsuit and it goes away)

the heart of the matter and WHAT SHOULD REALLY BE UP FOR DEBATE is how our law system gave him two options

1) not respond, and allow himself to be sued for 15Mil
2) respond and open himself up to having to answer questions where he could incriminate himself

this is the true problem with this situation.

3/16/2009 10:16:27 PM

EMCE
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haha, you'll get a kick out of this seedless...


a buddy of mine allegedly sold some ron to someone else who ended up overdosing. As the law stands in NC, if you sell ron to someone and they overdose...they YOU get convicted of murder basically.

my buddy is currently sitting in prison

3/16/2009 10:16:36 PM

khcadwal
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no no no if you go back to the way elkybabie or however you spell her name explained it, it helps. it makes sense in a lot of cases. wrongful death doesn't equal murder. 2 different systems. another difference in the civil and criminal system is that you get DAMAGES from civil suits. thats like, the main point of them.


Quote :
"1) not respond, and allow himself to be sued for 15Mil
2) respond and open himself up to having to answer questions where he could incriminate himself"


yes. this is the REAL problem.

[Edited on March 16, 2009 at 10:18 PM. Reason : .]

3/16/2009 10:17:19 PM

HaLo
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^^sounds like a damn good reason not to be selling ron, at least not to stupid people

[Edited on March 16, 2009 at 10:20 PM. Reason : .]

3/16/2009 10:19:34 PM

elkaybie
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Or however I spell my name? Geez it's in the damn thread window when you hit reply!


Anywhoooo...we can talk dram shop laws! Those are always a fun discussion too

3/16/2009 10:20:20 PM

khcadwal
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didn't care enough to scroll. my bad.

3/16/2009 10:22:30 PM

EMCE
balls deep
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...or doing/selling drugs in the first place.

I personally have feelings about this which I will not share here. I just thought it would be an interesting tangent to go off on for a moment. As in, the seller didn't kill anyone. He basically gave someone what they asked for. Likewise in this thread, as far as the law knows, Jason Young was just as far removed from the situation

3/16/2009 10:22:43 PM

elkaybie
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sarcasm, can u taste it?

3/16/2009 10:23:47 PM

seedless
All American
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I can understand how a wrongful death suit work in some cases, but a murder case like, come on now you've (the courts) got to be kidding. Oh and EMCE, I can see that happening though.

3/16/2009 10:24:18 PM

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