The loss of a loved one due to another person’s actions is an unimaginable tragedy. In such cases, it’s essential to understand the distinctions between wrongful death and criminal homicide, as they involve different legal proceedings and consequences. Let’s discuss the differences between wrongful death and criminal homicide, including the legal definitions, burden of proof, and the impact on both civil and criminal proceedings.
Wrongful death
Wrongful death is a civil legal claim brought by the surviving family members or the estate of the deceased individual. It arises when a person’s negligence, recklessness, or intentional misconduct leads to the death of another person. Wrongful death claims seek to hold the responsible party civilly liable they also provide compensation to the surviving family members for their losses.
criminal homicide
Criminal homicide refers to the unlawful killing of a person by another individual. It is a criminal offense that can be classified into different degrees, such as first-degree murder, second-degree murder, voluntary manslaughter, or involuntary manslaughter, depending on the jurisdiction. Criminal homicide cases are prosecuted by the government. If convicted, the offender may face criminal penalties, including imprisonment.
Burden of proof
In wrongful death cases, the burden of proof is generally lower compared to criminal homicide cases. In a civil wrongful death claim, the plaintiff must establish the defendant’s negligence or wrongdoing. They use this through evidence, meaning it is more likely than not that the defendant’s actions caused the death. On the other hand, in criminal homicide cases, the burden of proof is higher. This requires the prosecution to prove the defendant’s guilt beyond a reasonable doubt.
Legal Proceedings: Wrongful death cases
Wrongful death claims are civil actions filed by the surviving family members or the estate of the deceased. These cases are handled in civil courts and seek compensation for various damages. This includes medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional suffering. The burden of proof lies with the plaintiffs to establish liability and the damages suffered.
The purpose of a wrongful death claim is to provide compensation to the surviving family members for the financial and emotional losses resulting from the death of their loved one. Monetary damages awarded in wrongful death cases aim to alleviate the financial burden placed upon the family due to the loss.
legal proceedings: Criminal homicide cases
Criminal homicide cases, on the other hand, are criminal proceedings initiated by the government. They involve the prosecution of the alleged offender in criminal courts. The focus is on proving the defendant’s guilt beyond a reasonable doubt, and if convicted, the offender may face criminal penalties, such as imprisonment, fines, probation, or other sentencing determined by the criminal justice system.
In criminal homicide cases, the primary purpose is to hold the offender accountable for their actions and to maintain public safety. If found guilty, the offender may face severe criminal penalties, which can include imprisonment. Criminal proceedings focus on punishment rather than financial compensation for the family.
Wrongful death and criminal homicide are distinct legal concepts that involve different proceedings and consequences. Wrongful death claims are civil actions seeking compensation for the losses suffered by the surviving family members. Criminal homicide cases are criminal proceedings initiated by the government to hold the offender criminally accountable. It’s important to understand these differences to navigate the legal processes and seek appropriate justice and compensation in the aftermath of such tragic events. Consulting with experienced attorneys specializing in wrongful death or criminal law can provide guidance and support during these challenging times. Shane Gosdis wants to help you. To schedule a consultation call (385) 429-9960 or email s@gosdis.lawyer today.
