What Is the Difference Between a Wrongful Death Claim and Criminal Charges?

When a loved one passes away due to the actions or negligence of another, families often find themselves grappling with a whirlwind of emotions and decisions. Many are confused whether to pursue a wrongful death claim or if there will be criminal charges involved. Understanding the difference between these two legal responses is crucial for families to seek justice and closure effectively. The expert team at Brown & Brown Attorneys at Law, who have secured major wrongful death settlements on behalf of their clients, are well-versed in navigating these complex legal waters in both Missouri and Illinois.

Wrongful Death Claim: A Civil Matter

A wrongful death claim is a civil lawsuit brought by the survivors or the estate of the deceased. This type of claim seeks compensation for the survivors’ loss, such as funeral expenses, lost wages, loss of companionship, and emotional distress. Unlike criminal cases, which are prosecuted by the state, wrongful death claims are initiated by private parties.

The key aspect of a wrongful death lawsuit is proving negligence or wrongdoing by the party responsible for the death. However, the burden of proof is less stringent than in criminal cases. Plaintiffs need to demonstrate that it is “more likely than not” that the defendant’s actions caused the death—a principle known as “preponderance of the evidence.”

Criminal Charges: A Matter of Public Concern

Criminal charges, on the other hand, are brought by the state against individuals whose actions allegedly violate the law. These cases address violations that are considered offenses against society as a whole. The purpose of criminal prosecution is not to compensate the victim’s family but to punish the wrongdoer and deter similar actions in the future.

To convict someone in a criminal case, the prosecution must prove their guilt “beyond a reasonable doubt,” which is a much higher standard than in civil cases. This means the evidence presented must be so convincing that there is no reasonable doubt regarding the defendant’s guilt.

Key Differences

• Initiators of the action: Criminal cases are pursued by the state, whereas wrongful death claims are pursued by private parties.
• Objective: The aim of criminal charges is to punish, whereas a wrongful death claim aims to provide compensation for the loss suffered by the deceased’s survivors.
• Standard of proof: Criminal cases require proving the defendant’s guilt beyond a reasonable doubt, whereas wrongful death claims only need a preponderance of the evidence.
• Outcomes: The outcome of a criminal case can include prison time or other penalties, whereas the outcome of a wrongful death claim is typically financial compensation.

Complementary Paths to Justice

It’s important to note that a wrongful death claim can be pursued regardless of the outcome of criminal proceedings. Even if a criminal case does not result in a conviction, a wrongful death lawsuit may still be successful under the lower standard of proof required in civil court.

At Brown & Brown Attorneys at Law, with locations in St. Louis and Illinois, we understand the complexities of filing a wrongful death claim and how to achieve results. Our experienced attorneys are here to provide compassionate and effective legal representation to ensure that justice is served and families receive the support they need during these challenging times. Please contact us for a free consultation about your case.