Script: Wrongful Death vs. Criminal Homicide: What’s the Difference?
Welcome to the Kellum Law Firm YouTube channel. If you find this video helpful, please hit the like button, subscribe to our channel, and visit KellumLawFirm.com for more legal insights. We’re based in North Carolina, and today, we’re breaking down an important distinction: Wrongful Death vs. Criminal Homicide—What’s the Difference?
Many people assume that if someone is responsible for another person’s death, they will automatically face criminal charges. However, the legal system separates these cases into criminal homicide and wrongful death, which serve different purposes and follow different rules. Let’s take a closer look at how they differ and what that means for families seeking justice.
Criminal Homicide: When the Government Brings Charges
Criminal homicide occurs when someone unlawfully causes another person’s death. These cases are prosecuted by the state or federal government and can include charges such as murder, manslaughter, or vehicular homicide. The goal of a criminal case is to punish the offender through prison time, fines, or even the death penalty in extreme cases.
However, criminal cases have a high burden of proof—the prosecution must prove the defendant’s guilt beyond a reasonable doubt. If there’s even a small amount of doubt, the jury may acquit the defendant.
One important thing to understand is that a criminal case does not compensate the victim’s family. Even if someone is convicted of homicide, the family does not automatically receive financial damages for medical bills, lost income, or emotional suffering. That’s where wrongful death lawsuits come in.
Wrongful Death: A Civil Case for Compensation
A wrongful death lawsuit is a civil claim, meaning it is filed by the victim’s family or estate, not the government. These cases seek financial compensation for losses such as medical expenses, funeral costs, lost wages, and emotional suffering.
Unlike a criminal case, the burden of proof in a wrongful death lawsuit is lower. Instead of proving guilt beyond a reasonable doubt, the plaintiff only needs to show that it is more likely than not that the defendant’s actions caused the death. This is known as the preponderance of evidence standard.
Wrongful death lawsuits can be filed whether or not there was a criminal conviction. Even if a defendant is acquitted in a criminal trial, the family may still win a wrongful death case because the legal standards are different.
One of the most famous examples of this is the O.J. Simpson case. Simpson was acquitted of murder in criminal court but was later found liable for wrongful death in civil court and ordered to pay millions in damages to the victims’ families.
Can a Case Be Both Criminal and Civil?
Yes, a case can involve both criminal and civil proceedings. For example, if a drunk driver causes a fatal accident, the state may charge them with vehicular homicide, while the victim’s family files a wrongful death lawsuit for compensation. These cases are separate, and one outcome does not necessarily affect the other.
Key Takeaways
- Criminal homicide is prosecuted by the government and focuses on punishment, such as prison time.
- Wrongful death is a civil lawsuit brought by the victim’s family to recover financial damages.
- The burden of proof is much higher in criminal cases than in civil cases.
- A person can be found not guilty in a criminal case but still be held liable in a wrongful death lawsuit.
- Filing a wrongful death claim can provide financial support for families even if no criminal charges are filed.
If you’ve lost a loved one due to someone else’s negligence or wrongdoing, a wrongful death attorney can help you understand your legal options and seek the compensation your family deserves.
