Trial Attorney Blog
Losing a loved one is always devastating, but when that loss is due to someone else’s negligence or intentional act, the grief can be compounded by a desire for justice.
In the legal world, such cases often fall under the category of wrongful death.
However, not all wrongful death cases are treated the same.
They typically fall into two distinct legal categories: civil and criminal.
Understanding the difference between these two types of wrongful death cases is essential for families seeking justice and compensation.
Whether you’re trying to file a lawsuit or simply understand your rights, working with experienced Wrongful Death Lawyers can make all the difference in your journey toward closure.
What Is a Wrongful Death?
A wrongful death occurs when an individual dies due to the legal fault of another person or entity.
This could result from medical malpractice, car accidents, defective products, workplace accidents, or even intentional violence.
While both civil and criminal cases can arise from a wrongful death, the two are fundamentally different in their purpose, process, and outcomes.
Civil Wrongful Death Cases: Focused on Compensation
Civil wrongful death cases are brought by the surviving family members or estate of the deceased person.
These lawsuits aim to provide financial compensation for the loss suffered by the survivors due to the death.
Key Characteristics of Civil Wrongful Death Cases:
- Filed by private parties: The lawsuit is initiated by the deceased person’s family or estate representative, not the government.
- Standard of proof is lower: In civil cases, the plaintiff must prove the defendant’s liability by a preponderance of the evidence—meaning it’s more likely than not that the defendant’s actions caused the death.
- Primary goal is compensation: Civil courts award damages for lost income, medical bills, funeral expenses, emotional pain, and loss of companionship.
For example, if someone dies in a car crash caused by a drunk driver, the deceased’s family can hire Wrongful Death Lawyers to pursue a civil lawsuit for compensation.
Criminal Wrongful Death Cases: Focused on Punishment
In contrast, a criminal wrongful death case is prosecuted by the government.
These cases involve accusations of crimes such as homicide, manslaughter, or murder, and the defendant can face penalties like imprisonment or even the death penalty, depending on the jurisdiction.
Key Characteristics of Criminal Wrongful Death Cases:
- Filed by the government: Only the district attorney or public prosecutor can bring criminal charges.
- Higher standard of proof: The prosecution must prove the defendant’s guilt beyond a reasonable doubt.
- Goal is punishment: The primary objective is to hold the defendant criminally accountable, not to provide financial compensation.
For instance, if someone is accused of intentionally causing another person’s death, they may face murder charges in criminal court, irrespective of whether a civil lawsuit is also filed.
Can Both Civil and Criminal Cases Be Filed?
Yes—both types of cases can proceed simultaneously or consecutively.
A famous example is the O.J. Simpson case.
He was acquitted in the criminal trial for the deaths of Nicole Brown Simpson and Ronald Goldman but was later found liable in a civil wrongful death lawsuit and ordered to pay millions in damages.
This dual-track legal approach allows families to pursue justice on two fronts: punishment for the wrongdoer and compensation for their personal loss.
Why You Need Wrongful Death Lawyers
Navigating the complexities of civil and criminal wrongful death cases requires specialized legal expertise.
Wrongful Death Lawyers understand the emotional toll of such cases and work diligently to build a strong case on behalf of grieving families.
They can:
- Investigate the incident thoroughly
- Collect and preserve crucial evidence
- Handle all legal documentation
- Negotiate with insurance companies
- Represent your interests in court
Choosing one of the Top-Performing Wrongful Death Attorney teams ensures that you have the legal skill and compassionate representation needed during such a difficult time.
Choosing the Right Legal Path
For many families, a civil case is the most viable path toward achieving some measure of justice—especially if the criminal case results in an acquittal or is never pursued.
Civil suits also offer more control to the victim’s family since they are the ones initiating the case.
It’s essential to consult Wrongful Death Lawyers as soon as possible, especially because wrongful death claims are subject to statutes of limitations.
Missing the filing window can mean losing the right to pursue compensation altogether.
Final Thoughts
Understanding the difference between civil and criminal wrongful death cases helps grieving families make informed decisions about seeking justice.
While a criminal trial seeks to punish the wrongdoer, a civil lawsuit offers the chance to recover financial losses and gain closure.
If you believe a loved one’s death was caused by someone else’s negligence or intent, it’s crucial to consult with Wrongful Death Lawyers who can guide you through the legal process.
A Top-Performing Wrongful Death Attorney will offer not just legal expertise but also the empathy and determination needed to fight for your family’s rights.
From its founding in 1965, Finch McCranie LLP has been at the forefront of personal injury law in Georgia.
Trailblazers Baxter Finch and Claude Ross laid the foundation for a winning tradition that still defines us today.
If you need a proven trial team, Contact us today at Finch McCranie LLP.