Is Wrongful Death Civil Or Criminal?

While not all deaths are caused by criminal activity, if foul play is suspected, the state’s prosecutors may bring charges against the individual believed to be responsible for the death, and these cases are handled in criminal court. The main goal of a criminal case is to determine whether the accused person violated the law when they caused the death of another. If found guilty, the individual is likely to receive a prison sentence or another type of punishment as per the law. The most typical charges associated with causing someone’s death include first-degree murder, second-degree murder, and vehicular homicide.

Wrongful Death vs. Criminal Homicide

The solution is to file a wrongful death lawsuit, which is a particular kind of personal injury claim recognized by the state of Tennessee. Since the deceased person cannot bring a lawsuit, the right to file a wrongful death claim lies with the victim’s surviving spouse, estate, or next of kin depending on the situation.

Wrongful death lawsuits are distinct from criminal proceedings and can be filed even if the responsible party has already been tried and found guilty in criminal court. Moreover, you can file a wrongful death lawsuit even if the defendant is never charged with a criminal offense.

It’s worth noting that the standards of proof for civil and criminal trials are different. In criminal cases, the defendant must be found guilty beyond a reasonable doubt, but in a wrongful death civil case, the jury’s verdict is based on whether it is more likely than not that the defendant is responsible for the victim’s death.

Can You File A Wrongful Death Suit If You Have Already Filed Criminal Charges?

It is possible to bring both criminal and civil suits, but it is important to note that they have different standards of proof. Criminal cases require proof “beyond a reasonable doubt,” while civil cases only require a “preponderance of evidence.” As a result, it is not uncommon for a family to lose a criminal case but win a wrongful death lawsuit because it is easier to prove. This was the case with O.J. Simpson, who was acquitted of murder but found liable for the wrongful deaths of Nicole Brown Simpson and Ronald Goldman and ordered to pay $33.5 million to their families.

Can A Wrongful Death Claim Be Filed In Addition To Criminal Charges?

When someone loses a loved one due to someone else’s negligence, they may file a wrongful death claim to receive compensation for their suffering. These claims are typically civil suits and are applicable to accidental harm caused by events such as car accidents or workplace accidents. However, in situations where intentional harm is involved, such as in violent crimes, criminal charges may also be brought against the perpetrator. In such cases, the victim’s family may also be eligible to file a wrongful death claim and the criminal charges may provide evidence to support the claim.

• Car Accidents

If a car accident leads to someone’s death, it may be treated as vehicular manslaughter, but regardless of the legal classification, the victim’s family can still receive compensation. In cases where a family member is lost in a collision, the negligent driver can be held responsible through a wrongful death claim, even if they also face criminal charges.

• Medical Malpractice

Medical malpractice cases are different from other types of cases because criminal charges are uncommon. When a patient dies as a result of a doctor’s negligence, civil action is usually the appropriate route, and it is less likely that the doctor will face criminal charges. For criminal charges to be brought against a doctor for medical malpractice, the victim must prove that the doctor intended to cause harm or was extremely careless to the point where they knew the patient’s death was likely.

• Work Accidents

If a worker dies while on the job, their family may be able to make a wrongful death claim, but the compensation available may be restricted by the state’s workers’ compensation laws. In general, employer negligence resulting in a worker’s death is not considered a criminal offense. However, if the death is caused by intentional harm or misconduct by the employer, they could face criminal charges and be held responsible for wrongful death damages.

• Criminal Activity

If a death is the result of criminal violence, it is not only possible but advisable to file a wrongful death claim, as the criminal charges can support the claim for compensation. Having evidence that the offender has been charged with a crime in connection with the death strengthens the case for receiving compensation.

If you have lost a loved one due to someone else’s negligence, you may have a wrongful death case, and you can reach out to the Wrongful Death Lawyers of Texas for assistance.