When a life is lost due to someone else's negligent actions, families are left with questions and searching for accountability. Wrongful death cases, in particular, unfold several different stories. In such cases, there are two legal pathways: criminal and civil. Understanding the distinction helps families make the right decisions during such unfortunate times.
What Is a Wrongful Death Criminal Case?
The state, and not the family, brings about a criminal case. Prosecutors pursue charges like murder, vehicular homicide, manslaughter, DUI, assault, and other criminal acts, aiming for punishment, not compensation. All the details are under the state's control. The burden of proof is beyond a reasonable doubt. Families do not receive any financial assistance, and the outcome may include a fine, prison, or probation for the defendant. Even if criminal charges are filed, families still need the right legal help to pursue civil remedies. A trusted and competent personal injury lawyer in Atlanta, especially one who specializes in wrongful death cases, can help navigate the way forward.
What Is a Civil Wrongful Death Case?
A civil wrongful death case is filed by surviving family members aiming for financial accountability, not incarceration. It constitutes the death of a person due to someone else's negligence, recklessness, or intentional act.
The case generally seeks compensation for lost income, medical bills, funeral expenses, emotional suffering, loss of companionship, and other benefits. Here again, a personal injury attorney can represent the family and ensure their best interests remain the focus.
It is important to remember that although criminal and civil cases are separate, they can occur at the same time. In some circumstances, evidence found during a criminal investigation can strengthen a civil claim.
However, civil claims are not dependent on the outcome or pace of criminal cases. They move independently, and this separation allows families to pursue financial accountability without waiting for a criminal resolution. Civil process provides surviving members with a more direct and easier path to answers and closure.
Civil Cases Matter to Surviving Members
In civil cases, families have more control over the proceedings. They can choose whether to settle with initial offers or go to trial. It helps the family to regain financial stability and hold the liable party accountable for wrongful death in Atlanta. So, when the criminal system fails to fully address the damage that's caused after the incident, civil wrongful death claims offer some hope.
To Conclude
Criminal and civil wrongful death cases have different purposes. However, they work to hold liable parties accountable in their own ways. If you or someone you know is in a similar situation and needs clarity, guidance, or advocacy, we at Peach Firm can offer the direction you need with trust and expertise. Schedule a case evaluation today to get started.
Criminal vs. Civil Wrongful Death Cases: FAQs
1. Can I file a civil wrongful death case if no one was arrested?
Yes. You can file a civil claim against a defendant even if there's no conviction. It does not rely on criminal charges.
2. Who can file a wrongful death claim in Georgia?
Priority is given to the surviving spouse (as well as minor children). If there's no spouse, the deceased's children, parents, and estate representative can file a claim.
3. How long do I have to file a civil wrongful death case?
In Atlanta, Georgia, you have two years from the date of the victim's death to file a civil wrongful death lawsuit. Exceptions can include medical malpractice or probate delays, so you must consult a personal injury attorney for assistance.