Is Wrongful Death Civil or Criminal?

When a loved one’s life is tragically lost due to the actions of another, families may seek answers, accountability, and justice. A common question that arises in these situations is whether a wrongful death case is a civil or criminal matter. While both types of cases can stem from the same incident, wrongful death is primarily a civil claim, not a criminal one.

This blog explores the differences between wrongful death cases and criminal cases, their purposes, and how they can coexist in seeking justice for the deceased.

Understanding Wrongful Death as a Civil Case

A wrongful death case is a civil lawsuit brought by the surviving family members or the deceased’s estate against the party responsible for the death. The primary purpose of a wrongful death lawsuit is to provide financial compensation for the losses suffered by the family due to their loved one’s death.

Legal Basis

In Florida, wrongful death claims are governed by the Florida Wrongful Death Act, which allows families to hold a person or entity liable for causing a death through negligence, recklessness, or intentional actions.

Key Features of Civil Wrongful Death Cases

1. Burden of Proof: In a civil case, the burden of proof is lower than in a criminal case. Plaintiffs must demonstrate that the defendant’s actions caused the death by a preponderance of the evidence (more likely than not).
2. Compensation Focus: The goal of a wrongful death lawsuit is to recover financial damages for the surviving family members, including:
   • Medical and funeral expenses
   • Loss of income and support
   • Emotional pain and suffering
   • Loss of companionship
3. No Criminal Penalties: Wrongful death cases do not result in criminal penalties like imprisonment or probation. Instead, they lead to financial judgments against the defendant.

How Criminal Cases Differ from Wrongful Death Cases

A criminal case is initiated by the government to prosecute an individual or entity for a criminal act. If a person’s actions result in another person’s death, criminal charges like homicide, manslaughter, or vehicular homicide may be filed.

Key Features of Criminal Cases

1. Burden of Proof: Criminal cases require proof beyond a reasonable doubt, a much higher standard than in civil cases.
2. Punishment Focus: The goal of a criminal case is to punish the defendant through penalties such as imprisonment, fines, or probation, rather than compensating the victim’s family.
3. Prosecuted by the State: Criminal cases are brought by the government, not private individuals or families.

Can a Case Be Both Civil and Criminal?

Yes, the same incident can lead to both a civil wrongful death lawsuit and a criminal prosecution. These cases proceed independently of one another, with different goals, legal standards, and potential outcomes.

Example: A Drunk Driving Fatality

• Criminal Case: The state may charge the driver with DUI manslaughter. If convicted, the driver could face prison time, fines, and a criminal record.
• Civil Case: The family of the deceased may file a wrongful death lawsuit to recover damages for medical bills, funeral costs, and emotional losses.

Benefits of Filing a Wrongful Death Lawsuit

Even if a criminal case is pending or has been resolved, filing a wrongful death lawsuit offers several benefits to families:

1. Accountability Beyond Criminal Charges

Not all wrongful deaths involve criminal activity. For example, a fatal car accident caused by negligence may not result in criminal charges, but the family can still pursue a wrongful death claim to hold the responsible party accountable.

2. Financial Relief

While criminal cases focus on punishment, civil wrongful death cases provide financial compensation to help families recover from the financial and emotional impact of the loss.

3. Control Over the Case

In a wrongful death lawsuit, the family has more control over the case’s progress and outcome. Criminal cases are controlled by the government prosecutor, who may decide not to pursue charges or accept a plea deal.

How to File a Wrongful Death Claim in Florida

If you are considering filing a wrongful death lawsuit, here’s what you need to know about the process in Florida:

1. Eligibility to File: The personal representative of the deceased’s estate must file the claim on behalf of the surviving family members.
2. Statute of Limitations: Under Florida Statute § 95.11(5)(e), families generally have two years from the date of death to file a claim.
3. Damages: Families can seek compensation for both economic losses (medical bills, funeral costs) and non-economic losses (pain and suffering, loss of companionship, mental pain and suffering).
4. Legal Assistance: Working with an experienced wrongful death attorney can help you navigate the complexities of the legal process and build a strong case for compensation.

Why Work with an Experienced Wrongful Death Attorney?

Filing a wrongful death lawsuit requires extensive knowledge of Florida’s legal system and a thorough investigation of the circumstances surrounding the death. An experienced attorney can:

• Investigate the case to identify negligence or misconduct.
• Gather evidence to meet the burden of proof.
• Negotiate with insurance companies for a fair settlement.
• Represent your family in court if necessary.

At Flanagan & Bodenheimer, we are dedicated to helping families seek justice and financial relief after the wrongful death of a loved one. Our law firm focuses exclusively on personal injury cases in Florida, including wrongful death, car accidents, truck accidents, motorcycle accidents, boating accidents, medical malpractice, and more.

If you have questions regarding a potential wrongful death case in Florida, contact us at 305-638-4143 for a free consultation in English or Spanish.

---