In California, when a person dies due to the negligence or wrongful actions of another, it can lead to both criminal and civil legal proceedings. However, it’s essential to distinguish between the two types of cases and understand their respective purposes and outcomes. Here’s a comprehensive look at the differences between criminal and civil wrongful death cases in California:

Legal Standards

Criminal Case: In a criminal wrongful death case, the state brings charges against the defendant for violating criminal laws. The burden of proof is “beyond a reasonable doubt,” meaning that the prosecutor must prove the defendant’s guilt to a high degree of certainty.

Civil Case: In a civil wrongful death case, the surviving family members or beneficiaries file a lawsuit against the responsible party seeking compensation for their losses. The burden of proof is “by a preponderance of the evidence,” meaning that the plaintiff must prove that it is more likely than not that the defendant’s actions caused the death.

Purpose of Proceedings

Criminal Case: The primary purpose of a criminal wrongful death case is to punish the defendant for their actions and deter others from engaging in similar behavior in the future. If the defendant is found guilty, they may face penalties such as imprisonment, fines, probation, or community service.

Civil Case: The primary purpose of a civil wrongful death case is to compensate the surviving family members or beneficiaries for their losses resulting from the death of their loved one. Compensation may include economic damages such as medical expenses, funeral costs, and loss of financial support, as well as non-economic damages such as pain and suffering and loss of companionship.

Parties Involved

Criminal Case: In a criminal wrongful death case, the parties involved are the state, represented by the prosecutor, and the defendant, who is accused of committing the crime. The surviving family members or beneficiaries typically do not play a direct role in the criminal proceedings but may be called as witnesses.

Civil Case: In a civil wrongful death case, the parties involved are the plaintiff, represented by their attorney, and the defendant, who is accused of causing the death through negligence or wrongful actions. The plaintiff is typically the surviving family members or beneficiaries seeking compensation for their losses.

Outcome and Penalties

Criminal Case: If the defendant is found guilty in a criminal wrongful death case, they may face penalties such as imprisonment, fines, probation, or community service. The outcome of the case is determined by a judge or jury based on the evidence presented during the trial.

Civil Case: If the defendant is found liable in a civil wrongful death case, they may be ordered to pay compensation to the plaintiff for their losses. The amount of compensation awarded is determined by a judge or jury based on the evidence presented during the trial.

Conclusion

While both criminal and civil wrongful death cases address the death of an individual caused by the negligence or wrongful actions of another, they serve different purposes and have distinct legal standards and outcomes. Understanding the differences between the two types of cases is essential for anyone navigating the legal process after the loss of a loved one. If you have lost a loved one due to someone else’s negligence or wrongful conduct, seeking guidance from a knowledgeable personal injury attorney can help you understand your rights and options in pursuing justice and compensation.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.