March 16, 2025
When a loved one dies due to another party's actions, it can lead to both criminal charges and a wrongful death lawsuit. While these two legal proceedings may arise from the same incident, they differ significantly in purpose, process, and outcomes.
Wrongful Death: A civil lawsuit brought by the deceased’s family or estate. It seeks financial compensation for losses caused by the death, such as medical expenses, funeral costs, and emotional distress.
Criminal Charges: A criminal prosecution initiated by the state or federal government against the accused. The goal is to punish unlawful behavior through penalties like imprisonment, fines, or probation.
Wrongful Death: Requires proof "by a preponderance of the evidence," meaning it must be more likely than not that the defendant caused the death.
Criminal Charges: Requires proof "beyond a reasonable doubt," which is a much higher standard. Even slight doubt can lead to acquittal.
Wrongful Death: Focuses on compensating the family for their financial and emotional losses.
Criminal Charges: Aims to hold the defendant accountable for breaking the law and to deter future misconduct.
Wrongful Death: Results in monetary damages awarded to the family or estate of the deceased.
Criminal Charges: Can lead to penalties such as prison time, fines paid to the state, or other sanctions like probation.
Yes, it is possible for both a wrongful death lawsuit and criminal charges to arise from the same incident. For example:
A person accused of murder may face criminal prosecution while also being sued in civil court for wrongful death.
Even if acquitted in a criminal trial due to the higher burden of proof, they can still be found liable in a civil case since the standard of evidence is lower.
For families seeking justice after a tragic loss, knowing whether to pursue a wrongful death claim, rely on criminal prosecution, or both is crucial. Each serves distinct purposes:
Criminal charges aim to punish and deter unlawful behavior.
A wrongful death lawsuit provides financial relief and accountability for personal losses.
If you need help navigating these legal processes or pursuing justice for your loved one’s death, contact Hall & Dixon for expert legal guidance. Their experienced attorneys are committed to helping families through these challenging times.
Read: What Happens If the Responsible Party is Uninsured or Underinsured?
