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 case.
In some cases, there can 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 lawsuit falls under civil law. It is important to understand the difference between criminal and civil law in this context.
Criminal Cases
The government (either county, state, or federal), and criminal prosecuting attorneys will 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 harm caused. This is where civil law comes into play.
Civil Cases
In civil court, at-fault parties are not sentenced to criminal punishment. Instead, civil courts strive to make plaintiffs whole through financial compensation. If the plaintiff prevails in a lawsuit, the at-fault party will be ordered to pay the plaintiff. Civil lawsuits generally seek monetary compensation reflective of the harm done to the plaintiff by the defendant’s negligence and/or wrongdoing. In the case of a death, the surviving family will need for file a lawsuit on behalf of the deceased party.
Not all civil lawsuits have a related criminal suit. If prosecutors obtain a conviction in a criminal lawsuit, the evidence can be used against the defendant. 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 attorney regarding your potential case.
For further information or to schedule a free initial consultation call 866.452.3741 or visit www.merdes.com.
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do. ~ Ward Merdes
Source: FindLaw, “Wrongful Death FAQ,”
