Wrongful Death Cases

Wrongful Death Cases – Criminal Law Versus Civil Law

Wrongful Death Cases – when a death occurs, it is important to consider how the person died. If someone dies because of another person’s negligence or unlawful behavior, the family of the deceased person may need to file a wrongful death claim.

In some wrongful death cases, there may be a criminal law case relating to a death. If someone dies due to another’s unlawful behavior, the state may pursue criminal charges. Meanwhile, the wrongful death claim falls under civil law. It is important to understand the difference between criminal and civil law in wrongful death cases.

Criminal Cases

The government (either county, state, or federal), and criminal prosecuting attorneys file criminal court cases. The party accused of breaking the law is the defendant in these types of cases. In the case of a murder, for example, the accused party will be put on trial and if found guilty, will receive a criminal punishment. In criminal cases, victims do not receive financial compensation relating to the wrongful death claims in criminal cases.

Civil Wrongful Death Cases

Civil courts do not sentence defendants to criminal punishment. Instead, civil courts strive to make plaintiffs whole through financial compensation. As a result, the defendant is ordered to pay the plaintiff for their loss if the plaintiff prevails in a lawsuit. Civil lawsuits, including wrongful death cases, generally seek monetary compensation reflective of the harm done to the plaintiff by the defendant’s negligence or wrongdoing. In the case of a death, the surviving family files a wrongful death lawsuit on behalf of the deceased party.

Not all civil lawsuits have a related criminal suit. Evidence from the criminal case may be used in the civil case, if prosecutors obtain a conviction. The evidence will support claims for damages relating to the criminal act at issue against the at-fault party. If you have lost a loved one due to negligence by another person, you may need to speak to an experienced wrongful death attorney regarding your case.

Wrongful death claims are particularly sensitive cases. They deserve equally sensitive representation. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image Source: Devlin Funeral Home