Criminal cases are different from a wrongful death lawsuit

A criminal conviction related to the death of a loved one might provide you with a sense of justice or closure. But if you want to receive compensation for your financial losses, you’ll need to file a wrongful death lawsuit.

If you’re the surviving family member of a person who died because of another person’s negligence or an intentional act, you might be wondering how you’re going to seek justice from the wrongdoer.

The law breaks down to two channels: criminal and civil proceedings.

Only a district attorney or other prosecutor can charge someone with a crime. If a person is convicted of a crime like manslaughter or murder, the criminal court system sentences them to prison (or whatever is warranted under the circumstances). A criminal conviction does not benefit you, as a family member, other than for you to feel that justice has been served.

Although a person can’t be tried twice for the same crime, you can file a civil lawsuit if someone has already been through a criminal proceeding, regardless of whether they are acquitted (innocent) or convicted (guilty).

Definitions of murder, manslaughter, and wrongful death liability in California

California Penal Code 187: Murder

Murder is the “unlawful killing of a human being or fetus with malice aforethought.”

In other words, causing the death of another person on purpose and with intent to kill that person is murder.

First-degree murder is any premeditated killing, and also includes felony murder. Felony murder is when a person dies during the commission of another felony, like a robbery, rape, or carjacking. Second-degree murder is with no premeditation.

California Penal Code 192: Manslaughter

Manslaughter, like murder, is a form of homicide but carries a less severe sentence. Manslaughter could be something like an unplanned heat of passion killing, or it could be an unintended death from a risky, conscious disregard for human life.

This can also include vehicular manslaughter, which could be charged if a driver is behaving so recklessly that they kill another person in a car accident.

California Code of Civil Procedure 377.60: Wrongful Death

A wrongful death lawsuit is filed by the family of someone who died because of a defendant’s wrongful act. The act can be intentional, reckless, or negligent. This civil lawsuit would allow the family to collect a judgment that awards financial damages (money) to compensate them for their loss.

Wrongful death could be the result of an intentional act (like an attack), it could happen accidentally during the commission of another crime (for example, a gun accidentally discharges as a person is robbing a bank—they didn’t intend to shoot and kill the victim, but they did intend to rob the bank) or it could be the result of a car accident, premises liability accident, medical malpractice, or any other manner of negligence.

How can a person be innocent of murder or manslaughter and liable for someone’s death?

A well-known example of this is O.J. Simpson, Heisman-winning football player, sportscaster, and actor. Simpson was charged with murder in 1994 for the deaths of his ex-wife and her friend. He was acquitted (found not guilty) of murder in a highly publicized criminal trial.

However, the families of his ex-wife and her friend filed a civil wrongful death lawsuit against Simpson and were awarded a $33.5 million judgment for Simpson’s liability in their deaths.

This is possible because rules for the burden of proof and evidentiary standards are different for civil trials than in criminal proceedings.

Burden of proof

In a criminal trial, the burden (or responsibility) of proving the defendant’s guilt is always on the prosecution. The defendant is presumed innocent unless the prosecution proves him or her guilty.

In a civil trial, the burden begins with the plaintiff. The plaintiff makes a claim and sets forth an initial set of complaints. The defendant responds by denying all or some allegations. The burden then shifts to the defendant to prove their defense or counterclaim.

Standards for evidence

In a criminal trial, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime. That means they must convince the jury that the only logical explanation for how the crime happened is that the defendant caused it. The evidence must be natural, reasonable, and probable in order to be credible.

In a civil trial, the plaintiff must show that the defendant was liable by a preponderance of the evidence—the event was more likely than not to have happened. In other words, 51% of the evidence must favor the plaintiff.

Possible outcomes for wrongful death or criminal homicide cases

Criminal trials are for the purpose of punishing a defendant for their wrongdoing. The penalty for serious crimes would be imprisonment.

A wrongful death lawsuit isn’t for the purpose of punishing a defendant. The purpose is to restore the financial condition of the survivors who have lost a family member.

A plaintiff in a California wrongful death claim can receive financial compensation for costs that include financial support for the survivors, household contributions that the deceased would have made, and emotional distress.

A survival action pays for the damages suffered by the victim that were the result of the defendant's negligence. The medical costs, loss of property, and pain and suffering that the deceased person suffered between the time of the accident and their time of death can be claimed through a survival action. In other words, any personal injury claim the deceased person could've made in a lawsuit if they'd lived would be part of a survival action following their death.

If you’ve lost a loved one and you believe you could be entitled to compensation for your losses, contact the team at MVP today. Even if the person who caused their death has already been tried in a criminal proceeding, you might be able to pursue payment in a civil lawsuit.