While the death of a human being is hardly a laughing matter, sometimes killing another person is justified. Some Ohioans may have feared for their life as they were attacked by a stranger wanting to rob or kill them. Maybe a spouse or significant other put a gun to their heads. Maybe a person tried to harm their child. Whatever the situation, when a person is killed by another, it's legally considered a homicide. Many homicides are criminal acts that can also subject the perpetrator to liability in a wrongful death lawsuit.
The most serious homicide is classified as first-degree murder. This is when the killing is intentional. In addition, the murderer must have planned the killing in advance. If the person killed someone in a moment of outrage but without premeditation, then the charge would likely be second-degree murder. If a person accidentally kills someone, such as by driving recklessly, then the person would be charged with involuntary manslaughter, which is a less severe form of homicide. All of these acts would likely be considered wrongful death, which means that the offender could be sued by the victim's family.
There are some homicides that are legal. When a person kills another in self-defense, then the murder is typically justified. The offender must be causing the victim to fear for his or her life or the life of a child or other person. The offender must be attempting to commit a serious crime such as murder, armed robbery or rape.
A wrongful death lawsuit allows a victim's family to sue for damages caused by their loved one's death. These damages may include lost wages, medical expenses, pain and suffering, funeral expenses, loss of companionship and other financial and emotional losses. Although it is common for a defendant in a wrongful death case also to be charged criminally in the death, it isn't required. A plaintiff can prevail against a defendant in a wrongful death suit even if the defendant isn't convicted or even criminally charged.
Source: FindLaw, "Homicide Definition," accessed June 6, 2015
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