Losing a loved one is an incredibly painful experience. When that loss occurs due to someone else’s actions, it can lead to legal cases. Two types of legal cases often come up in these situations: wrongful death cases and criminal cases. Although both involve a death, they are very different in their goals, who files the cases, and what each case seeks to achieve. Understanding these differences can help those grieving decide what steps to take when facing such a tragic situation. At, Best & Brock , we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is a Wrongful Death Case?
A wrongful death case happens when a person’s death is caused by someone else’s carelessness or wrongdoing. It is a type of lawsuit that the family members or loved ones of the person who died can file. In a wrongful death case, the goal is to get compensation for the harm caused by the death. This compensation is meant to help the surviving family members recover from the financial and emotional damage caused by losing someone they loved.
In a wrongful death case, the family of the person who died can seek payment for medical bills, funeral costs, loss of income, and even the pain and suffering they have experienced. The purpose of the case is to make the family “whole” again, or as close to it as possible, by getting them money to replace the things they have lost due to the death of their loved one.
Who Files a Wrongful Death Case?
A wrongful death case is filed by the family members of the person who died. Usually, it is the closest family members who have the right to file the lawsuit. This can include the spouse, children, parents, or even siblings of the deceased person. In some states, other relatives who were financially dependent on the person who died may also be able to file the case. The person filing the lawsuit is called the plaintiff, and they are the ones asking for compensation for their loss.
Unlike a criminal case, the government is not involved in filing or prosecuting a wrongful death case. It is strictly a matter between the family members and the person or company they believe is responsible for the death.
What Is a Criminal Case?
A criminal case is very different from a wrongful death case. In a criminal case, the government is the one who files charges against a person. The goal of a criminal case is to punish someone for breaking the law. Criminal cases often involve things like murder, manslaughter, or other serious offenses.
In a criminal case, the person accused of breaking the law is called the defendant, and they can face punishments like jail time, fines, or probation if they are found guilty. The focus of a criminal case is not on compensating the family of the person who died. Instead, it is about making sure the person who broke the law is held accountable by the legal system.
The Standard of Proof
One of the key differences between a wrongful death case and a criminal case is the standard of proof required to win. In a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime they are being charged with. This is the highest standard of proof in the legal system because the consequences of being found guilty in a criminal case are very serious, like going to prison.
In a wrongful death case, however, the standard of proof is lower. The family members only need to show that it is more likely than not that the defendant’s actions caused the death. This is known as a preponderance of the evidence. Because the consequences of losing a wrongful death case are financial rather than criminal, the court does not require as much proof as it would in a criminal case.
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Different Outcomes
Another big difference between wrongful death cases and criminal cases is the outcome. In a wrongful death case, if the family members win, the defendant will be ordered to pay damages. These damages are meant to help the family recover financially from their loss. For example, if the deceased person was the primary earner for the family, the court may order the defendant to pay an amount that would replace the income the family has lost. The court may also order the defendant to pay for things like medical bills, funeral costs, and even emotional pain and suffering.
In a criminal case, the outcome is usually punishment for the defendant. If the defendant is found guilty, they may be sentenced to jail time, fines, community service, or other forms of punishment. The family of the person who died does not receive financial compensation directly from a criminal case. However, in some criminal cases, the court may order the defendant to pay restitution to the family, which is money meant to cover specific losses, like funeral expenses.
Can a Case Be Both Wrongful Death and Criminal?
Yes, a case can involve both a wrongful death lawsuit and a criminal case, but they happen separately. For example, if someone dies because of a drunk driver, the driver could be charged with a crime like vehicular manslaughter. At the same time, the family of the person who died could file a wrongful death lawsuit against the driver to seek compensation for their loss.
It’s important to know that even if someone is not found guilty in a criminal case, they can still be held responsible in a wrongful death case. This is because of the different standards of proof. Since wrongful death cases require a lower standard of proof, it’s possible to win a wrongful death case even if the defendant was not convicted of a crime in a criminal court.
One well-known example of this is the O.J. Simpson case. In his criminal trial, Simpson was found not guilty of murder. However, the family of the victims filed a wrongful death lawsuit against him, and he was found responsible for their deaths in that civil case. This happened because the family only had to show that it was more likely than not that Simpson was responsible, rather than proving it beyond a reasonable doubt.
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Which Case Should You File?
Deciding whether to file a wrongful death lawsuit or rely on the criminal justice system can be a difficult decision for a grieving family. In many cases, both a criminal case and a wrongful death case will happen at the same time. The criminal case will address the wrongdoer’s responsibility under the law, while the wrongful death case will focus on compensating the family for their loss.
It’s important to know that a criminal case does not provide financial compensation for the family. Even if the person responsible for the death goes to jail, the family may still face financial difficulties as they deal with medical bills, funeral costs, and the loss of income. That is where a wrongful death lawsuit can help. A wrongful death case can provide the financial support the family needs to move forward after such a devastating loss.
If you are dealing with the death of a loved one and believe someone else may be responsible, it’s important to seek legal help as soon as possible. Wrongful death cases can be complex, and there are time limits for filing these lawsuits. By working with an experienced lawyer, you can get the guidance you need to protect your rights and pursue the compensation your family deserves.
At Best & Brock, we understand how difficult it is to lose a loved one. We are here to provide compassionate and professional legal assistance to help you through this challenging time. Our firm can help you determine if you have a wrongful death case and guide you through the legal process. If you are ready to take the next step, contact Best & Brock today to discuss your case and find out how we can help your family.