According to this news report, the young child was found dead in the home of the man after he abducted her from her neighborhood on February 19th. Even though the man has not been convicted of the terrible crime, the wrongful death petition was filed on behalf of the girl’s parents.
The lawsuit claims that the man is solely responsible for the death of the child and calls his actions “grossly negligent, reckless, intentional, and outrageous.” The family’s attorney stated that the lawsuit is an effort to bring civil justice to parents who are suffering the loss of a child.
The suit states that the perpetrator should pay the costs associated with the little girl’s death, such as funeral costs and the pain and suffering of the family. The lawsuit also states that the man should pay punitive damages because the girl was found inside of his home.
You may be wondering why this family is filing a civil suit on a case that is clearly criminal. Well, a civil case will give the family better access to the case and much faster results.
In the article, a legal expert stated that a civil wrongful death suit is easier to prove than a criminal case. In a wrongful death suit, the burden of proof is the availability of evidence – and in this case the evidence is clear.
In a criminal case, the burden of proof is beyond reasonable doubt, which means that the defendant must be proven guilty of the killing of the child without the presence of a reasonable doubt.
Essentially, the wrongful death lawsuit is an attempt to guarantee the family some compensation and justice for the death of their daughter.
If you have suffered the loss of the loved one due to the negligence of another in St. Louis, the wrongful death attorneys at the Finney Law Office, LLC are here to help you develop your case and receive the compensation you deserve.