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Wrongful Death Cases: Highlighting Civil and Criminal Distinctions

 

There are three main issues that have to be clarified to distinguish the difference between a criminal case concerning the death of a loved one (as in homicide) and a civil case of the same nature.

These issues are the following:

1. What is the difference in the treatment and interpretation of evidence between a criminally liable death and a civil “wrongful” death?

To understand this, one must understand the legal principle of burden of proof. Federal law recognizes three hierarchies of the burden of proof: preponderance of evidence, clear and convincing evidence, and beyond a reasonable doubt. For civil wrongs such as wrongful death, the easier-to-prove preponderance of evidence is applied.

2. Can I choose between filing for a criminal trial or a civil case trial?

Yes it can be done. However, assessment of your own interests must be considered before making a decision. A criminal trial naturally takes a longer time to prove than a civil case trial. Hiring a personal injury lawyer to solve wrongful death cases may prove to be necessary.

3. Can I file both cases simultaneously?

Yes, it can also be done. A criminal prosecution for death is not mutually exclusive to resolving a simple civil case. The defendant may be litigated for both allegations. But, again, careful analysis must be done before trekking this path. Wrongful death is the rightful term for any tort law violation that resulted to the death of one of the aggrieved party. The death is typically caused by an accident that arose because of negligence in the part of the accused party. Some of the usual cases of wrongful death are found in the following:

  • Automobile accidents. These include truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents etc.
  • Premises liability cases. Visitors in a home are entitled to be cared for by the owner. Any form of breach to this standard rule that ultimately causes death can be considered for a wrongful death claim.
  • Plane crashes. Neglect on the part of the airlines can be a valid case for a wrongful death claim.
  • Defective products. Defective products like improperly manufactured knives and other kitchenware can cause death if the design or manufacture defect is serious enough.