Wrongful death and criminal charge can be in one case. When someone is killed as a result of another person’s carelessness, negligence, or wrongdoing, it is referred to as a wrongful death. When a wrongful death occurs, there are two potential legal actions: a civil claim for wrongful death and a criminal probe.
What Factors Can Cause a Wrongful Death?
Wrongful deaths can result from a variety of reasons, including but not exclusive to the following:
- Collisions involving vehicles, such as those involving cars, trucks, and motorbikes
- Abuse in nursing homes
- Pedestrian collisions
- Slippery surfaces and risky property conditions
- Drowning pool mishaps
- Bicycle collisions
- Aggression and violence
- Recreational and sporting events
Wrongful Death and Criminal Charge Difference
A criminal case is a violation of one or more laws. Only the government has the authority to accuse someone of a crime. The government can make charges for manslaughter, homicide, murder, etc. And as a result, the defendant, among other criminal punishments the defendant can receive jail time,
A wrongful death lawsuit is purely civil in nature. The dead person’s family member can bring a wrongful death claim. A wrongful death lawsuit aims to recover financial damages for the death of a family member.
The family can get compensation for the financial losses, such as the loss of financial support and burial costs. A wrongful death claim may also compensate for intangible losses like the absence of affection, support, and direction.
The Link Between a Wrongful Death and Criminal Charge
An intentional act of violence, such as murder, may have resulted in the death of a family member, giving rise to a wrongful death claim. In essence, it could be challenging for family members to accept that a loved one passed away in this manner. Obviously, families frequently continue to believe that their experience will never stop after the stress of the perpetrator’s criminal conviction. This is particularly true if your loved one’s killer is never brought to justice.
A California wrongful death attorney can help you file a lawsuit against the person who killed your loved one violently. You can file a lawsuit for damages against the careless party.
To convict someone of a crime, a very high level of proof is necessary. Although a solid case must still be made to establish wrongful death, the standard of proof needed to establish civil damages is far lower. In a criminal case, guilt must be established beyond a reasonable doubt. In a civil matter, such as a wrongful death lawsuit, the family must show by a preponderance of the evidence that the evidence implicates culpability.
Who May Bring a Lawsuit for Wrongful Death?
Certain people can only bring a wrongful death case. A particular procedure exists for family members who wish to bring a wrongful death lawsuit under California law. Both the children and surviving spouses have priority. The person’s parents might claim in case the dead lacked a spouse, children, or lineal decedents (grandkids). The person’s siblings and their offspring are next in line to bring a wrongful death claim. The court may appoint someone else if no one falls into one of these categories to make a wrongful death claim.
Schedule a Consultation With a Kaass Law Wrongful Death Attorney Today!
You may not know who to turn to or trust after a loved one’s unexpected death. As Los Angeles wrongful death attorneys, we do our best to achieve the best possible outcome in every case we take. We welcome you to contact Kaass Law’s knowledgeable attorneys for a consultation. Our team will help you reduce the burden and ensure you get the fair justice you and your loved ones deserve. Call us at (310) 943-1171 now or visit the website for other practices!