Wrongful death is one of the most challenging defense cases an attorney can face in a civil court. It’s one thing when the defendant is facing legal jeopardy in a criminal court where a jury of his or her peers will decide the final outcome. But when it comes to a civil case, it’s often the judge who’s presiding over the legal circumstances who must place a hand on the scales of justice to determine what’s believed to be the fair and honest outcome.
What’s the difference between a civil and a criminal case? The law professionals at Cohen & Winters, a criminal defense lawyer, say in a criminal case there is no private plaintiff. The prosecution is always the government or the state. The victim in the case will have input but will not make the final decision on how the case gets prosecuted.
A civil case, on the other hand, occurs when a private party brings forth a complaint against another private party. The plaintiff will ask the court to render financial damages against the defendant. The cases can range from something simple, like cutting down the wrong tree in a yard to wrongful death.
That said, what are some of the unique challenges criminal defense attorneys can expect to face in a civil wrongful death case? According to a recent report by The Havok Journal, wrongful death claims arrive when an individual dies due to the intentional actions or negligence of another party. The claims can be legally complicated and emotionally taxing for the surviving family members.
When an individual wrongfully causes the death of another, it’s generally the case that the case gives surviving family members the right to recover financial damages from the person directly responsible for causing the death. Each state in the U.S. is said to have its own specific rules that govern wrongful death claims.
Even with state laws being different, here are some basic rules and ideas that they all have in common. One of these is what the plaintiff, or the party who brings about the wrongful death civil case, is responsible for proving to win the case.
Defining a Wrongful Death Civil Case
At base, a wrongful death case is considered a civil lawsuit for financial damages. This is not the same as a criminal case. However, the same event that caused the death of an innocent person can lead to both types of criminal cases.
A wrongful death lawsuit will differ from a criminal case of homicide in several key ways, which include the following: the burden of proof and the legal (financial) consequences should the defendant be found to have, without a doubt, caused the death.
Burden of Proof
The burden of proof in a wrongful death case is the legal obligation to prove each and every element of the legal claim. The burden usually belongs to the party who brings the case forward. In a criminal matter, that party would be the prosecutor. But in a wrongful death lawsuit, the party is the plaintiff.
In a criminal case, the burden of proof is a familiar legal precedent. That is, “beyond a reasonable doubt.” Legal proof that goes beyond a reasonable doubt means proving the defendant’s overall guilt to an absolute moral certainty. In other words, in a criminal homicide case, the prosecutor is expected to prove beyond a reasonable doubt that the defendant is personally responsible for another person’s death.
However, in a civil lawsuit, the burden of proof is interpreted as “a preponderance of the evidence.” What this means is some evidence is more likely valid than not valid. In a wrongful death case, the plaintiff will need to prove that the evidence against the defendant is likely true and that the defendant is solely responsible for the death.
What Happens when the Defendant is Found to Have Caused the Death
In a criminal proceeding, the reason for a high burden of proof is obvious: The criminal defendant who has been judged as guilty will likely serve considerable prison time. When it comes to criminal cases that include homicide, there can be other penalties involved as well. For instance, on occasion, the guilty defendant is ordered by the court to pay restitution or compensation to the homicide victim’s surviving family and loved ones.
But in a civil lawsuit, the defendant does not need to be concerned with going to prison or jail. In this case, the plaintiff is seeking out financial damages only.
What the Plaintiff is Expected to Prove in a Wrongful Death Case
The key to winning a wrongful death lawsuit is for the plaintiff to prove the defendant, whether negligently or intentionally, acted in a way that caused the decedent’s death. Also, the plaintiff needs to prove that because of the decedent’s death, the plaintiff suffered severe damages.
When Death is Caused by an Intentional Act
An intentional act is one that’s performed deliberately. It does not happen by accident or via carelessness. If an intentional act causes damage to property or a person, lawyers refer to it as “intentional tort.” Only a relatively few wrongful death cases involve intentional torts, however, the ones that do are said to often involve some form of “battery.” Battery is the intentional act of causing another person’s physical harm.
To prove a wrongful death caused by battery, the plaintiff must demonstrate the following:
—the defendant willingly engaged in an intentional act, such as the striking with a weapon or the shooting of the decedent.
—the decedent died, and his or her death was caused by the defendant’s intentional if not premeditated act of violence.
It is up to the plaintiff to prove each of these legal elements by producing a multitude of fact-based evidence. But if the plaintiff fails to prove the defendant committed battery against the decedent, the plaintiff will also have failed to prove the defendant was directly responsible for the decedent’s wrongful death.
If you feel as though you have a solid case for wrongful death in your immediate family, it is important to contact the best defense lawyer you can find.
