While both wrongful death and criminal homicide involve the death of an individual, there are distinct differences in the terms of court proceedings that separate the two.
During a wrongful death lawsuit, the estate of the deceased attempts to recover damages in a civil court proceeding. Criminal homicide cases involve criminal court proceedings during which a state prosecution seeks a prison sentence for the accused. Both proceedings can occur for the same death.
In a wrongful death claim, the plaintiff must prove the defendant is liable (more likely than not) by a preponderance of evidence. However, in a criminal homicide lawsuit, the prosecution must prove guilt beyond a reasonable doubt. This results in a higher burden of proof than in a civil court proceeding for wrongful death.
How Have Courts Interpreted This? What Are the Legal Limits? Under the 8th amendment to the U.S. Constitution, ratified... Read More
A Basic Understanding of the Often-Heard Legal Charge If you've watched many police or courtroom shows, you've most lik... Read More
What's the Difference? When Can You Annul a Marriage? Your marriage has broken down and there appears to be no way to s... Read More
How It Works