While wrongful death isn’t a crime in and of itself, some cases involve criminal elements that may be actionable under state law. Understanding these nuances and when criminal charges are appropriate in a wrongful death case is key to holding the parties responsible for your loved one’s death legally accountable for their negligence.
We go over a few important details below and how to schedule your free initial consultation below.
Wrongful Death vs. Criminal Cases
A wrongful death lawsuit is a civil matter that is brought against a defendant by the executor of a deceased person’s estate. Usually, this is the person’s spouse or another close family member. The goal is for the family to obtain financial compensation for their loss, including things like medical and funeral expenses, lost earnings, and emotional distress.
Criminal cases, on the other hand, are brought forward by the state or federal government to determine if a person is guilty of breaking the law. If they are, the court can enforce the appropriate consequences. Depending on the severity of the crime, this could include anything from fines and probation to lifetime imprisonment.
Read More
Who Is Eligible to File a Wrongful Death Claim?
Understanding Different Standards of Proof
Criminal cases and wrongful death lawsuits use different standards of proof to determine guilt or fault:
Preponderance of the Evidence
When a wrongful death lawsuit goes to court, the jury must determine if the defendant is at fault based on a preponderance of the evidence. This means that based on the evidence presented, a jury determines that a defendant’s actions more than likely caused the death.
Beyond Reasonable Doubt
When a criminal case is tried, the jury must determine whether the defendant is guilty or not beyond reasonable doubt. This is a significantly higher standard than in wrongful death cases and means that the evidence against the defendant proves their guilt with certainty.
If even one juror has doubt that the defendant committed the crime they are accused of, a conviction cannot occur. This helps prevent people from being incarcerated for crimes they didn’t commit, however, that unfortunately still occurs on a regular basis.
When Are Criminal Charges Appropriate?
You do not have to choose whether to file criminal charges or a wrongful death claim against the person you believe is responsible for your loved one’s death. Both can occur at the same time if your case meets the criteria for each. The state’s prosecuting attorney will take care of the charges, so you only need to worry about filing a wrongful death suit.
Criminal charges may be appropriate in cases where someone purposely caused the death of another person or whose negligence was so egregious that criminal action is warranted. An example of this might be if your loved one was abused in a nursing home and died as a result. If there is enough evidence against the staff member(s) in question, they may be charged with manslaughter or even first-degree murder depending on the circumstances.
Using a Criminal Conviction As Evidence In a Wrongful Death Case
If the person that caused your family member’s death is found guilty in criminal court, this can be used as compelling evidence in your wrongful death case to prove the defendant is at fault. In many cases, this will supersede other more circumstantial evidence.
You can use a conviction to argue that the defendant should have been looking out for your loved one’s safety and they failed to do so. Combined with evidence that you sustained substantial losses as a result, a conviction can significantly increase your chances of a successful civil suit.
What Happens If There’s No Conviction?
Unfortunately, not all wrongful death cases that should get criminal charges do. This is a decision that is up to the government officials in your area and even with clear proof against the party at fault, you still may not see the person responsible get charged. That said, your wrongful death case can still move forward whether or not a criminal conviction takes place.
How We Can Help You Pursue Justice After Wrongful Death
Whether or not the person responsible for your loved one’s untimely passing is held criminally accountable for their actions, you can still hold them civilly liable for the harm they’ve caused your family. Our team of trusted New Hampshire and Massachusetts wrongful death lawyers can help you zealously pursue the compensation you need to cover funeral expenses, lost wages, and other critical costs.
Reach out to us today by calling (978) 744-8000 or (855) 693-9084 and we can help you schedule a free consultation to get started.
