Wrongful Death vs Criminal Case: How to Choose
No matter the cause, whether it was due to negligence or criminal intent, the death of a loved one is devastating. Do you know your rights when a loved one dies?
Two common legal remedies are wrongful death and criminal intent lawsuits. Can these two be used simultaneously or separately? The answer is complex.
Can a Wrongful Death be Filed if Criminal Charges are Already Pending?
Yes. In fact, anyone can sue anyone else for anything. That doesn’t mean they’ll win; it just means charges can be filed.
If criminal charges are already pending against an individual or business, wrongful death charges can be filed and can run concurrently or independently after the criminal case has been adjudicated.
What’s the Difference Between Criminal and Civil Cases?
In a wrongful death suit, it’s unnecessary to establish guilt beyond a reasonable doubt. All that’s necessary is to establish the preponderance of the evidence that points to the individual’s guilt.
In a criminal lawsuit, the defendant must be found guilty beyond a reasonable doubt, which is a more difficult and higher standard of proof in our criminal justice system.
A defendant can be found guilty in a wrongful death suit but not guilty of criminal charges. However, a not guilty determination won’t affect the outcome of the wrongful death decision.
Criminal Charges
Criminal charges are filed when an injury or death was intentional rather than accidental. For example, stabbing or shooting someone when it wasn’t a life-threatening situation. The intent would obviously be to harm them, but it may not be criminal if self-defense was a factor. If self-defense wasn’t a factor, then criminal charges may be filed.
Wrongful Death Charges
Wrongful death charges may be filed if a person died as a result of another person’s actions, whether the actions were criminal or accidental. Wrongful death means that the individual should have been alive and would have been except for the other party’s actions. Wrongful death charges can occur as a separate civil suit or as an adjunct to a criminal suit.
What is Wrongful Death?
A wrongful death case is civil and doesn’t seek to punish the guilty party. It’s filed by the victim’s family and seeks to restore to the victim some financial compensation and support for the following:
- Companionship and support, including loss of consortium
- Emotional distress
- Income, present and future
- Medical bills and burial expenses
- Pain and suffering
Although a wrongful death isn’t necessarily a felony, it may result in criminal charges, depending on the circumstances.
The guilty party will not incur prison time if convicted of wrongful death charges, but any resulting criminal charges may subject the guilty party to prison time. If criminal charges are dropped, it doesn’t affect any damages awarded due to the wrongful death action.
Wrongful death charges can’t always be filed. The field of wrongful death is complex and highly emotional. Only a skilled attorney can advise whether wrongful death charges are applicable.
What is a Criminal Complaint?
A criminal complaint can be filed when there is evidence that the death was intentional or when it occurred as a result of breaking the law. For example, a drunk driving accident that killed one or more people. Negligence may be a factor, but if precautions were taken and the death occurred anyway, then negligence isn’t usually a factor.
Overlap of Charges
When a death occurs, it can be a combination of both civil and criminal charges. It may or may not involve negligence. For example,
- Impaired driving that results in the death of another
- Intentional homicide
- Medical malpractice
- Willful workplace negligence
All these situations and more can result in both civil and criminal charges, and the two cases are often brought independently of each other. They can run concurrently, but usually the criminal charges take precedence because the penalties are more severe and the burden of proof is greater.
The evidence presented in a criminal case can strengthen the civil case and may result in a larger settlement. An experienced wrongful death lawyer can provide the best advice for proceeding in a wrongful death lawsuit. Factors that need to be considered include legal deadlines that include the statute of limitations, evidence preservation, and the length of time the criminal case is expected to take.
Why File a Wrongful Death Suit When Criminal Charges Exist?
The intent of a wrongful death suit is to provide compensation for the victim’s family and loved ones. It doesn’t seek to punish the accountable party.
The intent of criminal charges is to punish the accountable party, but it doesn’t provide remuneration to the families and loved ones.
Burden of Proof
The burden of proof is less for a civil case than for a criminal case, so even if the defendant were found not guilty of the criminal charges, they could be adjudicated guilty for the civil charges. Sometimes, a wrongful death case is deferred until judgment has been rendered on the criminal charges.
Time Constraints
If the statute of limitations is close to ending to file a wrongful death claim, a wrongful death attorney may file a wrongful death case so that it gets in the system. It can subsequently be delayed for adjudication, however, if necessary.
If an individual is convicted in criminal court, it may strengthen the wrongful death case against them. Although it’s not necessary to wait until the criminal complaint is resolved, many wrongful death cases are delayed until the criminal charges are adjudicated.
If the criminal charges are expected to be delayed for a long time, the civil case can proceed, but it may lack some of the strength it would gain from the resolution of the criminal case.
Are there Benefits to Filing the Cases Concurrently?
There can be several advantages to filing a wrongful death case concurrently with a criminal case, such as:
- The wrongful death lawyer has more control over the presentation and resolution of the civil case.
- In a civil case, witnesses can be produced that wouldn’t be allowed in a criminal case. This enables the wrongful death lawyer to have a greater voice in the legal process than they might have if the cases were presented separately.
- Criminal cases don’t award damages; they only seek to determine punishment. However, a wrongful death case can provide damages to the victim’s loved ones.
- Civil cases provide financial compensation independently of any criminal penalties that may be incurred. This ensures the family is compensated regardless of the outcome of the criminal complaint.
Timing and strategy are crucial to the success of any litigation. This is no different for wrongful death than it is for any other type of lawsuit.
How Can Haney Paschal & Romoser Help Me?
Haney Paschal & Romoser is one of the premier legal firms in Huntsville, Texas. They’ve served Walker County and the surrounding areas for decades and have an excellent reputation. With a wide range of services offered, they’re sure to be able to help you. Their areas of expertise include:
- Business litigation: If you’re involved in complex litigation in your business, our experienced legal team can help you resolve your issues and get the results you deserve.
- Estate planning: If you need estate planning so that your heirs aren’t saddled with dividing things after you’re gone, then call us. We can guide you through the intricacies of estate planning.
- Family law: Family law can be difficult, and we understand that tensions can run high due to family interactions. Let us help you navigate the difficulties of family law.
- Personal injury: If you have suffered a serious personal injury, Haney Paschal & Romoser’s legal experts can help you get the maximum settlement to compensate for your injuries and losses.
- Probate: Probate court can be difficult to navigate and can be exacerbated when you’re coping with the loss of a loved one. We understand that. Let Haney Paschal & Romoser navigate the intricacies of probate for you.
Haney Paschal & Romoser has a strong commitment to the local community and an excellent reputation for success. Whether you have suffered a serious personal injury, you want to plan your estate, you’re involved in business litigation, or you face many other issues, we can help you resolve your issues to your satisfaction.
We pride ourselves on our commitment to our clients and our community, and have earned a reputation as one of the best law firms in the area.
Do You Need Legal Services?
If you need legal advice in Texas, you can do no better than to contact the legal firm of Haney Paschal & Romoser. No matter the legal dilemma you have, we can help. Our reputation speaks for itself, and we pride ourselves on our commitment to our local community.
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If you have questions or want to schedule an appointment, we’re here to help you. We know you’ll be happy with the service you receive and look forward to speaking with you, so contact us today!