Wrongful Death vs. Murder Cases

If a loved one has died as a result of the actions of another, it is important to understand the difference between murder and wrongful death cases. This will allow you to know what your legal options are and what the best course of action is for you and your family.

A wrongful death lawsuit is a civil action for money damages.  A wrongful death case can be brought by certain family members of the decedent with the help of a wrongful death attorney.  A murder case is a criminal case brought by a prosecutor or district attorney.  The family of the decedent cannot file criminal charges against anyone – only the government can file criminal charges.  

Who can file a wrongful death lawsuit?

In California, under California Code of Civil Procedure section 377.60, the children, spouse, and/or domestic partner of the decedent can file a wrongful death claim.  Certain non-related children, if living in the decedent’s household before the death and dependent on the decedent may also qualify, as well as the decedent’s parents, but only if they were financially dependent to some extent on the decedent.  If none of those people exist, then California allows the family members entitled to intestate succession of the decedent’s assets to file a wrongful death claim, such as the decedent’s non-dependent parents or siblings.

In contrast, a criminal case –such as a murder case– is prosecuted by the state since the crime is considered an offense to society as a whole. This means that a prosecutor, acting as a representative of the state, files criminal cases.

Difference in the burden of proof

Since a wrongful death lawsuit is a civil action, the standard of proof is much lower than in a criminal case.

For instance, a wrongful death case does not require that the wrongful death be proven beyond a reasonable doubt, as a criminal case requires.  In contrast, a wrongful death claim can be proven by a “preponderance of the evidence” which is sometimes described as a 51% probability or a slight tilt in the scales of justice. 

On the other hand, criminal cases require that the prosecutor establish that the defendant committed the crime “beyond a reasonable doubt.” This means that the facts offer no other reasonable explanation than that the defendant committed the crime.

Damages vs. punishment

Another difference is that the remedy that is available to surviving members who file a wrongful death lawsuit is monetary compensation rather than the punishment of the liable party.

In other words, the defendant in a wrongful death lawsuit will not face incarceration unless a criminal charge is filed, but they can be required to pay the wrongful death claimants’ damages if they are found liable for wrongful death. 

Seeking help for a wrongful death lawsuit

A California wrongful death lawsuit requires expert analysis and a skilled and experienced attorney who knows how to preserve your legal rights and meet the necessary burden of proof for a successful case. Wrongful death cases, like any civil case, must be filed within certain deadlines, that vary from state to state, and from claim to claim.  That is why it is important to obtain the advice of a wrongful death lawyer as soon as possible.

The civil rights attorneys at Haddad & Sherwin LLP have a long track record of winning wrongful death cases with results that include large settlements and verdicts for their clients, groundbreaking legal rulings, and important reforms to prevent future harms. At this time, Haddad & Sherwin LLP only handles wrongful death cases in California.