When someone’s life is cut short due to another party’s actions, there can be both civil and criminal repercussions – but many people do not understand the difference between homicide charges and wrongful death claims.
Though both deal with someone’s untimely death, they have distinctly different objectives, processes and potential outcomes. Here are the basics you should know:
A homicide charge is pursued in criminal court
Homicide charges can involve everything from first-degree murder with malice aforethought, to involuntary manslaughter, where intent isn’t even a factor. However, homicide charges can only be brought by the state because the primary goal is to punish the offender for their crime against society.
Since homicide charges are brought in criminal court, the burden of proof – which lies on the state – is the highest possible. Prosecutors must show the defendant’s guilt “beyond a reasonable doubt.”
A wrongful death claim is pursued in civil court
The purpose of a wrongful death claim is to compensate the deceased’s loved ones for their losses, including the funeral expenses for the deceased and the value of the deceased’s lost financial support to their dependents. These are private claims that, like other personal injury lawsuits, have to be pursued in civil court.
Because the only thing at stake in a civil claim is money, the standard of proof is lower. Plaintiffs need only show that the defendant “more likely than not” caused the victim’s death to succeed.
In many cases involving wrongful death due to distracted driving, intoxication, assaults and more, the victim’s survivors are entitled to bring a claim – no matter what happens on the criminal side of the equation. Learning more about your legal options may help.
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