Differences Between Wrongful Death Lawsuits and Criminal Homicide Cases

When someone causes the death of a loved one, they should be held responsible. That person can face criminal charges for murder or manslaughter. The surviving family members can also take legal action with a wrongful death lawsuit to recover compensation for their loss.

There are differences between wrongful death lawsuits and criminal homicide cases. This provides an overview of wrongful death and criminal homicide. For more information about your legal options after the death of a loved one, talk to a local wrongful death lawyer.

Differences Between Wrongful Death and Criminal Homicide

There are many key differences between criminal homicide and wrongful death. The state prosecutes criminal homicide. Wrongful death is a civil case brought by the victim’s loved ones with financial penalties. It is harder to prove criminal charges than civil charges. Understanding how each type of case works will help you decide your legal options after a fatal accident.

Criminal Homicide Legal Definition

Criminal homicide involves an act that causes the death of another human being. This can include intentional murder, reckless manslaughter, and negligent homicide.

Murder is the intentional killing or causing a death with recklessness and extreme indifference to human life. Depending on the state’s definitions, manslaughter generally involves recklessness or gross negligence. Manslaughter can also involve ordinary negligence, generally with reduced penalties.

Criminal penalties for a conviction include prison time, restitution to the victim’s family, and possible capital punishment.

Wrongful Death Legal Definition

Wrongful death is a civil claim against the parties responsible for causing the decedent’s death. Wrongful death lawsuits act like a personal injury claim if the victim were alive to take legal action. Instead, the victim’s family files a wrongful death claim on behalf of the deceased person. In addition to more typical wrongful death lawsuits involving car accidents, medical malpractice, or defective products, you can also file a wrongful death lawsuit for a murder or other homicide.

The damages for a civil action like a wrongful death lawsuit are generally limited to financial compensation. The family seeks compensation for the emotional and financial loss of their loved one, including:

• Loss of financial support and companionship
• Medical expenses
• Funeral expenses and burial costs
• Emotional distress

Burden of Proof in Civil Lawsuits and Criminal Cases

The burden of proof is the standard for finding a defendant guilty in criminal court or liable in civil court. Criminal charges have a higher burden of proof because the defendant can lose their life and liberty if found guilty. Because of this, civil and criminal cases involving the same facts can have different outcomes.

The burden for criminal cases is “beyond a reasonable doubt.” To find a defendant guilty of homicide charges, the jury must be sure beyond a reasonable doubt. If the jury thinks there is a reasonable doubt about the evidence, they must find the defendant not guilty.

The standard of proof is lower in lawsuits. For wrongful death claims, the burden is “by a preponderance of the evidence.” This means the jury must find it is more likely than not that the defendant is liable for the victim’s death.

Parties Involved in Each Type of Case

The state prosecutes a criminal trial in criminal court. Prosecutors use the evidence to file criminal charges after police arrest someone. The state is the plaintiff, and the accused is the defendant. As a member of the public, you don’t have the authority to file homicide charges. If the prosecutor doesn’t think there is enough evidence to get a conviction, they may not file charges.

In a wrongful death lawsuit, the responsible party is still the defendant. However, the plaintiff is filing on behalf of the deceased victim. Who can file a wrongful death lawsuit depends on state law. Generally, a personal representative of the estate, surviving spouse, or surviving family members can file a wrongful death lawsuit.

How Wrongful Death and Criminal Cases Intersect

Criminal homicide and civil wrongful death are separate legal procedures. However, civil liability and criminal charges can intersect. The state can prosecute the defendant in a criminal case. Whether the defendant is found guilty or not guilty, surviving family members can then file a wrongful death case.

One of the most well-known examples of overlapping criminal and civil lawsuits is with O.J. Simpson. The state of California charged Simpson with two counts of murder, and a jury found him not guilty. However, the surviving parents of one of the victims filed a civil wrongful death case against Simpson. A civil jury found Simpson liable and awarded the family damages.

Working With a Wrongful Death Lawyer

Losing a loved one is tragic. It can be more difficult when you know someone else was responsible for their death. The prosecutors may not think the person responsible acted intentionally, or there may not be enough evidence. However, you can still file a wrongful death case in civil court for damages.

A wrongful death attorney can give you a case evaluation and explain your legal options. They can file your wrongful death lawsuit to help you recover compensation and can also negotiate with the insurance companies for a fair settlement that provides for you and your family. Contact a wrongful death lawyer for more information about your legal rights after you lose a loved one.