Call our tri-country area law office  843-377-1700

Frequently Asked Questions about Wrongful Death

Q: What is the difference between a civil case and a criminal case against someone who caused a death?

A: A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages as compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter.

Q: What if an unborn child dies?

A: In many states, the baby must be born alive for its death to be the subject of a wrongful death lawsuit. This is not always the case, however. In some states, the fetus must have been viable (able to live outside the mother's womb) even though it was not born; in other states, viability is not an issue. Because the law varies so much from state to state, it is wise to consult a personal injury attorney who knows the laws in your area.

Contact Us

Phone: 843-377-1700
Fax: 843-377-1709

South Carolina Personal Injury Lawyers and Family Law Attorneys
At the Rosen Law Firm, we represent families and individuals in the Charleston area and throughout the state of South Carolina who have issues or problems involving personal injury law, medical malpractice, family law, and other legal practice areas. We are here to help, have been for decades, and still... love what we do. If you would like to learn more about our practice and discuss a specific legal issue with an attorney, call our Charleston / Tri-County Area law office at 843-377-1700 or complete the brief e-mail contact form. Thank you.

Rosen Law Firm, LLC
The Peoples Building
18 Broad Street, Suite 201
Charleston, SC 29401