Egan Explains: Wrongful Death vs. Criminal Homicide

Losing a loved one is an emotionally devastating experience, and when it occurs due to someone else’s actions, it raises complex legal questions. In such cases, understanding the distinctions between wrongful death and criminal homicide is crucial. While both involve the untimely death of an individual, they have distinct legal purposes, processes, and consequences. In this blog, we’ll explore the key differences between wrongful death and criminal homicide, shedding light on these two legal concepts that serve to provide justice in the face of tragedy. 

Defining Wrongful Death

Wrongful death is a civil lawsuit filed by the surviving family members or beneficiaries of a deceased person against the party they believe is responsible for the death. This lawsuit aims to hold the responsible party financially accountable for the death of their loved one. Unlike criminal charges, wrongful death claims are not brought by the government but by the deceased person’s family.

Criminal Homicide as a Criminal Offense

Criminal homicide, on the other hand, is a criminal offense prosecuted by the government when a person is believed to have unlawfully caused the death of another individual. Criminal charges can result in penalties such as imprisonment, probation, or fines. Unlike wrongful death cases, criminal homicide cases involve the government as the prosecuting party, and the focus is on punishing the offender rather than seeking financial compensation for the victim’s family.

Burden of Proof: Civil vs. Criminal

One of the fundamental differences between wrongful death and criminal homicide is the burden of proof required in each type of case. In a wrongful death lawsuit, the burden of proof is typically lower. The plaintiff (the deceased person’s family) must show that it is more likely than not that the defendant’s actions or negligence caused the death. In criminal homicide cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is a much higher standard.

Intent and Motive

Intent and motive are significant distinctions between these legal concepts. In criminal homicide cases, the prosecution must establish that the defendant had the requisite intent to commit the crime, such as murder or manslaughter. Proving intent often involves demonstrating that the defendant acted with malice or knowingly caused the death.

In wrongful death cases, proving intent or motive is not a requirement. Instead, the focus is on demonstrating that the defendant’s actions or negligence led to the death, regardless of whether they intended for it to happen. Wrongful death cases primarily revolve around the concept of negligence or wrongful conduct that resulted in a fatality.

Criminal Penalties vs. Financial Compensation

The outcomes of wrongful death and criminal homicide cases also differ significantly. In criminal homicide cases, if the defendant is found guilty, they may face penalties such as imprisonment, probation, or fines, as mentioned earlier. These penalties are imposed as punishment for their actions and serve as a deterrent to prevent similar crimes.

In wrongful death cases, the primary goal is to provide financial compensation to the deceased person’s family. This compensation is intended to cover various losses, including funeral expenses, medical bills, lost income, and the emotional suffering of the survivors. While a wrongful death lawsuit may result in a monetary award, it does not lead to criminal penalties for the responsible party.

Double Jeopardy

Another key difference between wrongful death and criminal homicide is the concept of double jeopardy. Double jeopardy prohibits a person from being tried twice for the same offense. In the context of these legal matters, if a defendant is acquitted (found not guilty) in a criminal homicide trial, they cannot be subsequently sued in a wrongful death lawsuit for the same incident. However, if they are found liable in a wrongful death case, they can still face criminal charges for the same act.

Our Wrongful Death Lawyers are Here to Help

Wrongful death and criminal homicide are distinct legal concepts that serve different purposes in seeking justice for the loss of a loved one. Understanding the key differences is essential when facing the tragic loss of a family member and deciding whether to pursue legal action. The Law Offices of Kenneth G. Egan has been working with the victims of negligence for years. If you have lost a loved one contact one of our experienced wrongful death attorneys today.