When a loved one dies due to another individual’s careless actions, the grief and sense of loss can feel overwhelming. On top of the emotional pain, you may be struggling with medical bills, funeral expenses, and the loss of income or support the deceased provided. In these difficult times, many families wonder about their legal options.
So, is wrongful death civil or criminal? The short answer is that wrongful death is a type of civil case, not a criminal one. But there are some important details you need to understand. Our team at Wrongful Death Lawyer is here to help you and your family grieve your loss and help you understand and deal with your wrongful death claim.
What Makes a Case Civil vs. Criminal?
First, it helps to know the basic difference between a civil and criminal case:
- A criminal case is filed by the government (usually a local prosecutor or the state). The goal is to prove the accused committed a crime and to punish them, often with jail or prison time. Well-known examples are murder, assault, and robbery.
- A civil case is filed by a private party (a person or organization). Rather than punishment, the goal is usually to get monetary compensation for some kind of harm or loss. Common examples are personal injury, breach of contract, and property damage cases.
So, in a nutshell – criminal cases aim to punish, while civil cases aim to compensate. So, is a wrongful death lawsuit criminal or civil? A wrongful death lawsuit is a civil case as it allows certain family members to seek monetary damages from the person or entity responsible for their loved one’s death.
Elements of a Wrongful Death Case
For a successful wrongful death claim, you generally need to prove four main elements:
- Duty of care
- Breach of duty
- Causation: The defendant’s negligence or wrongful act directly caused the death.
- Damages: The death caused losses to the surviving family members, like burial costs, lost income, or loss of companionship.
When these elements are proven, the court orders the defendant to pay damages to compensate for the losses. Different states allow different types of damages. In Arizona, eligible family members can seek compensation for expenses like medical and funeral costs, as well as lost wages the deceased would have earned. South Carolina also allows certain “intangible” damages, like emotional pain and suffering or loss of companionship.
It’s important to note that while a wrongful death case is civil, criminal charges could also be filed if the fatality involved illegal acts. The most common example is a drunk driving accident that causes death. The driver could face criminal prosecution and be sued for wrongful death. The cases would be entirely separate, with different burdens of proof. While a criminal conviction requires proof “beyond a reasonable doubt,” civil liability is based on a lower standard – a “preponderance of the evidence” (more likely than not).
Types of Wrongful Death Cases
A wrongful death can happen in almost any setting where negligence occurs. But some of the most common situations include:
- Car, truck, and motorcycle accidents
- Medical malpractice and nursing home abuse
- Workplace accidents, especially in high-risk industries
- Defective or dangerous products
- Criminal acts like shootings or stabbings
- Dangerous property conditions that lead to falls or drowning
Whatever the situation, the key is proving that the defendant’s wrongful acts led directly to the fatality.
How to Calculate Wrongful Death Damages
One of the most common questions is, “how much is a wrongful death case worth?” Unfortunately, there’s no set formula or “average” amount. Wrongful death damages aim to compensate for the losses caused by the death. Some of the key factors considered are:
- The age, health, earning capacity, and life expectancy of the deceased
- Financial support and benefits the deceased provided to family members
- The nature of the relationship and closeness of family members to the deceased
- Expenses incurred as a result of the death
- The degree of the defendant’s negligence or misconduct
A jury usually decides the amount of damages unless the case settles out of court. An experienced wrongful death attorney can give a ballpark estimate based on specific facts.
Do You Need a Lawyer?
Legally, you can file a wrongful death case on your own – but it’s not generally a wise idea. These cases are complex, both legally and emotionally. At a time when you’re grieving, the last thing you need is to battle with insurance companies and jump through legal hoops.
An attorney who specializes in these cases can investigate what happened, gather evidence, and handle all the paperwork and court appearances. More importantly, they can be an advocate and source of support during one of the most difficult times a family can face.
How Our Care Team Can Help
We can answer your questions, explain how the legal process works, and connect you with our experienced team in Arizona and South Carolina. You don’t have to deal with this difficult journey alone. Reach out today to talk with our compassionate Care Team and take the first step toward seeking justice for your loved one.