Differences Between Criminal Charges and Wrongful Death Claims

When an individual loses their life due to the wrongful actions of another, the legal system offers two distinct paths to address the situation: criminal charges and wrongful death claims. While both serve to acknowledge the loss of life and seek justice, they are fundamentally different in their processes, purposes, and outcomes. Understanding these differences is crucial for families navigating such tragedies, as each has its role in holding responsible parties accountable. This discussion explores the primary differences between criminal charges and wrongful death claims, how each functions within the legal system, and what families need to know when deciding which legal route to pursue.

Criminal Charges

Criminal charges arise when the state prosecutes an individual or entity for violating laws designed to protect public safety and order. In cases involving the death of an individual, criminal charges can include offenses such as murder, manslaughter, or negligent homicide. The primary purpose of criminal prosecution is not to compensate the family of the deceased, but to punish the offender for their actions. Through this process, the state seeks to uphold justice and deter others from committing similar crimes.

When a person is accused of a crime resulting in death, the case is initiated by the government, typically through the district attorney’s office. The prosecutor, acting on behalf of the state, gathers evidence, interviews witnesses, and presents the case in court. The burden of proof in a criminal case is high. The prosecution must prove beyond a reasonable doubt that the accused committed the crime. This standard is one of the strictest in the legal system, as a conviction could result in severe penalties such as imprisonment or, in some states, the death penalty.

The outcome of a criminal trial hinges on whether the jury or judge finds the defendant guilty or not guilty of the charges. If the defendant is found guilty, they will be sentenced according to the laws of the jurisdiction. However, if the defendant is found not guilty, they will be acquitted of the charges and no criminal penalties will be imposed. It is important to note that even if the defendant is acquitted in a criminal case, this does not prevent the family of the deceased from seeking justice through a civil wrongful death claim.

Wrongful Death Claims

Unlike criminal charges, a wrongful death claim is a civil lawsuit brought by the surviving family members or the estate of the deceased against the party responsible for the death. The primary goal of a wrongful death claim is to provide financial compensation to the surviving family for the loss of their loved one. This compensation can cover a range of damages, including funeral expenses, medical bills, loss of income, and emotional suffering.

In a wrongful death case, the burden of proof is lower than in a criminal case. The plaintiff must prove that the defendant’s actions or negligence directly caused the death of the individual. The standard of proof in civil cases is based on a “preponderance of the evidence.” This means that the plaintiff must show that it is more likely than not that the defendant’s actions led to the death. This lower burden of proof allows families to seek justice even in cases where criminal charges may not have been successful or brought at all.

Wrongful death cases typically proceed through a discovery phase, where both parties gather evidence, take depositions, and prepare for trial. While many wrongful death claims are settled out of court, some proceed to trial, where a judge or jury will determine the outcome. If the plaintiff prevails, the court will award damages to the surviving family members. These damages are intended to provide financial support and compensation for the losses the family has suffered.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Key Differences Between Criminal Charges and Wrongful Death Claims

The most significant difference between criminal charges and wrongful death claims is the purpose they serve. Criminal charges are aimed at punishing the offender and protecting society by enforcing the law. Wrongful death claims, on the other hand, are focused on compensating the family of the deceased for their financial and emotional losses.

Another key difference lies in who brings the case to court. In criminal cases, the government, through a prosecutor, files charges against the defendant. In wrongful death claims, the lawsuit is brought by the surviving family members or the estate of the deceased. This difference highlights the separate roles of criminal and civil law. Criminal law seeks to maintain public order, while civil law is primarily concerned with providing remedies for private individuals.

The burden of proof is another major distinction between criminal and civil cases. In a criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is a high standard of proof. In a wrongful death claim, the plaintiff must prove the defendant’s liability by a preponderance of the evidence, which is a lower standard. This difference in proof means that even if a defendant is acquitted in a criminal trial, they could still be held liable in a civil wrongful death case.

The potential outcomes also differ significantly. In criminal cases, the defendant may face imprisonment, fines, or other penalties imposed by the state. In wrongful death cases, the defendant may be required to pay monetary damages to the surviving family members. These damages are designed to compensate the family for the financial and emotional toll of losing a loved one.

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The Impact of Acquittal in Criminal Cases on Wrongful Death Claims

One of the most challenging situations for families seeking justice after the death of a loved one is when the defendant is acquitted in a criminal trial. An acquittal means that the jury or judge did not find enough evidence to prove the defendant’s guilt beyond a reasonable doubt. While this can be devastating for the family, it does not necessarily mean that the case is over.

Because the burden of proof in civil cases is lower, the family may still have the opportunity to file a wrongful death claim against the defendant. This is often referred to as a “dual liability” case, where the defendant may face both criminal and civil consequences for their actions. A notable example of this occurred in the case of O.J. Simpson. While Simpson was acquitted of criminal charges related to the deaths of Nicole Brown Simpson and Ronald Goldman, he was later found liable in a civil wrongful death lawsuit and ordered to pay damages to the victims’ families.

The ability to pursue a wrongful death claim after an acquittal provides families with an additional avenue for seeking justice. It is important for families to understand that an acquittal in criminal court does not bar them from seeking compensation through the civil court system.

Timing and Statutes of Limitations

Another important difference between criminal charges and wrongful death claims is the timing and statutes of limitations. Criminal cases often have more immediate consequences, as law enforcement investigates and charges are filed shortly after the incident. However, wrongful death claims have specific time limits known as statutes of limitations. These time limits vary depending on the state and the circumstances of the case. In Florida, for example, families typically have two years from the date of the death to file a wrongful death claim.

It is crucial for families to be aware of these deadlines, as failing to file a claim within the statute of limitations can result in the loss of the right to seek compensation. Consulting with an experienced attorney as soon as possible after the death of a loved one can help ensure that the case is filed in a timely manner and that the family’s rights are protected.

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Choosing the Right Legal Path

For families facing the tragic loss of a loved one, choosing the right legal path can be overwhelming. Criminal charges, if pursued, can offer a sense of justice and closure through the punishment of the offender. However, criminal cases may not provide the financial compensation that the family needs to cope with their loss. In contrast, wrongful death claims focus on the financial impact of the death and seek to compensate the family for the damages they have suffered.

In some cases, families may choose to pursue both criminal charges and a wrongful death claim, especially when the criminal case does not result in a conviction. Understanding the distinctions between these legal options can help families make informed decisions about their next steps. Consulting with an attorney who understands both the criminal and civil legal systems can provide valuable guidance during this difficult time.

If you have lost a loved one due to the actions of another person, whether through negligence or intentional harm, it is essential to explore all of your legal options. Serrano Law can provide the support and guidance you need to navigate the complexities of both criminal charges and wrongful death claims. Our team is dedicated to helping families seek justice and secure the compensation they deserve after such a tragic loss.