When Tragedy Strikes: The Difference Between Wrongful Death and Criminal Homicide

Losing a loved one is an incredibly challenging experience, and when it happens as a result of someone else’s actions, it can be even more devastating. In such cases, two legal concepts come into play: wrongful death and criminal homicide. While they both involve the loss of life, they are distinct in terms of their legal definitions, processes, and consequences. In this blog, we will explore the differences between wrongful death and criminal homicide to help you better understand these crucial distinctions.

What is the Difference Between Wrongful Death and Criminal Homicide?

Wrongful death and criminal homicide are two legal terms that are often used interchangeably, but they are actually quite different. Wrongful death is a civil claim, while criminal homicide is a criminal offense.

What is Wrongful Death?

Wrongful death is a legal term that refers to the death of a person that is caused by the negligence or wrongful act of another person or entity. Wrongful death claims can be filed by the surviving family members of the deceased person.

To be successful in a wrongful death claim, the plaintiff must prove that the defendant owed a duty of care to the deceased person, that the defendant breached that duty of care, and that the breach of duty caused the deceased person’s death.

What is Criminal Homicide?

Criminal homicide is a legal term that refers to the unlawful killing of another person. Criminal homicide can be divided into two categories: murder and manslaughter.

Murder is the intentional killing of another person. Manslaughter is the unintentional killing of another person, but it is still a crime because it is caused by reckless or negligent behavior.

What is the Difference Between Wrongful Death and Criminal Homicide?

The main difference between wrongful death and criminal homicide is that wrongful death is a civil claim, while criminal homicide is a criminal offense. This means that wrongful death cases are filed in civil court, while criminal homicide cases are filed in criminal court.

Another difference between wrongful death and criminal homicide is the burden of proof. In a wrongful death case, the plaintiff must prove the defendant’s negligence by a preponderance of the evidence. This means that the plaintiff must show that it is more likely than not that the defendant’s negligence caused the deceased person’s death.

In a criminal homicide case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is a higher standard of proof, and it means that the prosecution must show that there is no reasonable doubt that the defendant committed the crime.

Why is it Important to Understand the Difference Between Wrongful Death and Criminal Homicide?

It is important to understand the difference between wrongful death and criminal homicide because it can affect your rights and options if you have lost a loved one due to the negligence or wrongful act of another person or entity.

If you are considering filing a wrongful death claim, you should contact an experienced wrongful death lawyer to discuss your case. A lawyer can help you understand your rights and options, and they can help you build a strong case.

If you believe that your loved one was killed as a result of a crime, you should contact the police. The police will investigate the death and determine whether or not to file criminal charges against the person responsible.

Our Colorado Springs Wrongful Death Attorneys Can Help

While both wrongful death and criminal homicide involve the tragic loss of life, they have distinct legal purposes, standards of proof, and consequences. Understanding these differences is essential when navigating legal matters related to the death of a loved one. If you have questions or require legal assistance, contact Kanthaka Group’s experienced wrongful death attorneys.