When a loved one’s death is caused by someone else’s negligence or intentional actions, grieving families often want justice. However, they may be unsure of the difference between wrongful death lawsuits and criminal charges. Both legal avenues address a death caused by wrongful acts, but they differ in their goals and procedures. Understanding these differences can help families make informed decisions about their legal options. A Duluth wrongful death lawyer can provide guidance on pursuing compensation for wrongful death in civil court, even when criminal charges are not pursued or fail to result in a conviction.
Burden of Proof
One of the most critical distinctions between wrongful death lawsuits and criminal charges is the burden of proof required to succeed in court. The burden of proof refers to the level of evidence a party must present to win a case, and it varies significantly between civil and criminal cases.
1. Preponderance of Evidence (Wrongful Death Lawsuit)
In a civil wrongful death case, the plaintiff—the deceased’s family—must prove their case by a “preponderance of the evidence.” In other words, the prosecution needs to prove beyond a reasonable doubt that the defendant was the one responsible for the victim’s death. The standard is lower than in criminal cases, which means it’s easier to succeed in a civil lawsuit.
2. Beyond a Reasonable Doubt (Criminal Charges)
In a criminal case, the prosecutor must prove the defendant’s guilt “beyond a reasonable doubt.” This is a much higher standard, as it requires jurors to be almost certain of the defendant’s guilt before convicting. Because of this stringent requirement, many criminal cases fail, even when there is substantial evidence.
Compensation Vs. Punishment
Another key difference between wrongful death lawsuits and criminal charges lies in the purpose of each legal action. While both seek to address the loss of life, their goals are vastly different.
1. Financial Compensation (Wrongful Death Lawsuit)
The primary goal of a wrongful death lawsuit is to compensate the victim’s family for their loss. Damages may include funeral expenses, lost income, loss of companionship, and emotional suffering. The aim is to alleviate the financial and emotional burdens caused by the death. Compensation does not bring back a loved one, but it can help a family manage the economic impact of their loss.
2. Punishing the Offender (Criminal Charges)
In contrast, the purpose of a criminal charge is to punish the person responsible for the death. Penalties can include prison time, probation, fines, or even the death penalty in extreme cases. Criminal charges are brought by the state, not the family, and the focus is on holding the wrongdoer accountable under criminal law, rather than providing financial relief to the family.
Separate Legal Paths
It’s important to understand that wrongful death lawsuits and criminal cases follow separate legal paths. Families can pursue civil claims in addition to, or even in the absence of, criminal charges.
1. Civil and Criminal Courts Are Independent
Wrongful death claims are filed in civil court, where the case is decided based on the preponderance of evidence standard. Criminal charges, on the other hand, are filed in criminal court, where a prosecutor must prove guilt beyond a reasonable doubt. These two legal processes are independent of each other.
2. Civil Cases Can Proceed Regardless of Criminal Outcomes
Even if the state decides not to press criminal charges or if the defendant is acquitted in a criminal trial, the family can still file a wrongful death lawsuit. Because the burden of proof is lower in civil court, it’s possible to win compensation even when criminal prosecution fails.
3. Timing and Evidence
Sometimes, families choose to wait until a criminal case has concluded before filing a wrongful death lawsuit, as the evidence presented in the criminal trial may strengthen the civil case. However, families don’t have to wait, and pursuing both actions simultaneously is also an option.
Not Mutually Exclusive
In some tragic cases, the same event can lead to both criminal charges and a wrongful death lawsuit. While these two legal processes are independent, they often intersect when a person’s death is the result of criminal actions.
1. DUI Accidents
One of the most common examples of dual legal action is when a person dies as a result of a DUI accident. The driver may face criminal charges, such as vehicular manslaughter, for causing the death. At the same time, the victim’s family can file a wrongful death lawsuit to recover financial compensation.
2. Intentional Violence
In cases where someone intentionally kills another person, the state typically files murder or manslaughter charges against the perpetrator. The family can also file a wrongful death lawsuit to seek damages. Even if the criminal case results in an acquittal, the family might still succeed in the civil suit because of the lower burden of proof.
Conclusion
When families lose a loved one due to another person’s wrongful actions, it’s essential to understand the differences between wrongful death lawsuits and criminal charges. Each has its own standards, purposes, and legal processes. Wrongful death lawsuits focus on providing compensation to the family, with a lower burden of proof, while criminal charges aim to punish the offender under stricter evidentiary requirements. In some cases, both legal avenues can be pursued to achieve a sense of justice. For legal guidance in these complex matters, a Duluth wrongful death attorney, such as someone from Kevin A. Adamson, P.C., can offer support, helping families navigate the civil justice system while pursuing rightful compensation.
