When a loved one is tragically killed, family members may be left not only grieving but also struggling to understand the legal implications of their loss. Depending on the circumstances surrounding the death, there may be both a civil wrongful death claim and a criminal homicide case. While these legal processes share some similarities, they are fundamentally different in terms of their purpose, burden of proof, and outcomes. This article will explain the key differences between wrongful death and criminal homicide, helping you understand how each legal avenue works and how they may impact survivors.
What is Wrongful Death?
A wrongful death refers to a fatality that occurs due to the negligence, recklessness, or intentional actions of another individual or entity. In legal terms, wrongful death is a civil matter, meaning that the surviving family members or dependents of the deceased file a lawsuit against the responsible party to seek compensation for their loss. Wrongful death claims can arise from various situations, including car accidents, medical malpractice, defective products, or even cases of intentional harm .The purpose of a wrongful death lawsuit is to provide financial compensation to the surviving family members for their emotional and economic losses. This may include reimbursement for medical bills, funeral expenses, lost wages, and non-economic damages such as pain and suffering. The standard of proof in a wrongful death case is lower than that of a criminal case, as plaintiffs must only prove their claim by a preponderance of the evidence (i.e., it is more likely than not that the defendant’s actions caused the death).
What is Criminal Homicide?
Criminal homicide, on the other hand, is a criminal matter, meaning it involves the government prosecuting an individual for committing a crime that led to the death of another person. Homicide refers to the act of intentionally or recklessly causing the death of another person. However, not all homicides are treated the same in the eyes of the law. There are various categories of homicide, including first-degree murder, second-degree murder, manslaughter, and felony murder, each carrying different degrees of intent and severity.In criminal homicide cases, the goal is to punish the defendant for the crime committed. The burden of proof in a criminal case is much higher than in a civil case, as the prosecution must prove the defendant’s guilt beyond a reasonable doubt. If convicted, the defendant may face serious penalties, including prison time, fines, or even the death penalty, depending on the severity of the offense.
Key Differences Between Wrongful Death and Criminal Homicide
Although both wrongful death and criminal homicide involve a death caused by someone else’s actions, they are distinct in several key ways. Below, we compare these two legal processes:
- Nature of the Case
- Wrongful Death: A wrongful death lawsuit is a civil case, which means it is filed by the family members or survivors of the deceased person seeking financial compensation. The goal of the case is to make the responsible party pay for the economic and emotional loss caused by the death.
- Criminal Homicide: Criminal homicide is a criminal case where the state or federal government prosecutes the individual responsible for the death. The primary goal of a criminal case is to punish the defendant for their unlawful actions.
- Parties Involved
- Wrongful Death: The plaintiff in a wrongful death case is typically a surviving family member or representative of the deceased’s estate, such as a spouse, child, or parent. The defendant is usually the individual or entity whose actions caused the death.
- Criminal Homicide: In criminal homicide, the state or government is the plaintiff, and the defendant is the individual accused of committing the homicide. In these cases, the focus is on criminal behavior, not compensation.
- Burden of Proof
- Wrongful Death: In a wrongful death lawsuit, the plaintiff must prove the defendant’s fault by a preponderance of the evidence, meaning it is more likely than not that the defendant’s actions led to the death. This is a lower burden of proof compared to criminal cases.
- Criminal Homicide: In a criminal homicide case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is a much higher standard of proof, reflecting the serious consequences of criminal convictions.
- Possible Outcomes
- Wrongful Death: If the plaintiff is successful in a wrongful death lawsuit, they may receive financial compensation for their loss. This can include damages for medical expenses, funeral costs, loss of income, and emotional distress. However, the defendant is not subjected to prison time in a wrongful death case.
- Criminal Homicide: In criminal homicide cases, the defendant may face significant penalties, such as prison sentences, probation, fines, or, in the most severe cases, the death penalty. The primary aim is to punish the defendant for their crime and deter others from committing similar offenses.
- Potential for Concurrent Cases
- Wrongful Death: A wrongful death lawsuit can proceed independently of a criminal trial. Even if the defendant is not convicted in a criminal case, survivors may still win a wrongful death lawsuit if they can prove their case by a preponderance of the evidence.
- Criminal Homicide: Criminal homicide charges may be brought alongside a wrongful death claim. In some cases, the outcome of a criminal trial (such as a conviction or acquittal) can influence the wrongful death case, but the two cases are separate and distinct.
Examples of Wrongful Death vs. Criminal Homicide
- Wrongful Death Example:
A driver runs a red light and causes a car accident that results in a fatality. The deceased’s family may file a wrongful death lawsuit against the driver, seeking compensation for the loss of their loved one’s life and financial support. This lawsuit could result in compensation for medical bills, funeral costs, and loss of income. - Criminal Homicide Example:
A person intentionally shoots and kills another in an act of premeditated murder. The state prosecutes the defendant for first-degree murder, aiming to convict and punish the defendant for their actions. If convicted, the defendant could face a lengthy prison sentence or even the death penalty.
Why Both Matters Matter
The emotional and financial strain of losing a loved one is often compounded by the legal processes involved in seeking justice. While criminal homicide and wrongful death claims both address the loss of life, they serve different purposes. Criminal homicide prosecutes the wrongdoer to ensure that justice is served through punishment, while wrongful death lawsuits help surviving family members seek compensation to cover the economic losses and emotional damage caused by the death.Understanding these differences is critical when navigating the legal options available to families. In many cases, pursuing both a wrongful death lawsuit and a criminal homicide case can help provide both justice and financial relief for the survivors.
Conclusion
Wrongful death and criminal homicide are two distinct legal concepts, though they both stem from the loss of life caused by another party’s actions. While a criminal homicide case focuses on prosecuting and punishing the offender, a wrongful death claim seeks to provide survivors with compensation for their emotional and financial losses. Understanding these differences is crucial for families who wish to seek justice and navigate the legal system effectively. If you have lost a loved one due to another person’s actions, consulting with an experienced attorney can help you pursue the appropriate legal options and ensure that your family’s rights are protected.