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Unlawful death requests are not a crime. However, the circumstances that lead to an unlawful death claim can also lead to criminal investigations or prosecutions. However, there are some important differences between these two types of cases.

The unlawful death allegation is a civil action. It can lead to any death caused by the negligence of an individual or group. Crimes such as murder can also lead to an unlawful death charge, but not all potential unlawful deaths involve a prosecutable crime. Unlawful death charges are civil proceedings and are filed by a private attorney. If successful, they will financially compensate the defendant.

Each state has a different approach to the right to sue for an unlawful death. Many states only allow filing if you are the spouse of the deceased or a surviving child. Other states allow other families, such as siblings and parents, to sue for unlawful death, but this right can be limited. For example, some states allow a distant relative to file an unlawful death claim only if no immediate relative does so. Others set up a pool of potential unjustifiable asylum seekers and let anyone happily file a complaint.