All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
How Is a Wrongful Death Claim Different from a Criminal Case?
A wrongful death claim is a civil lawsuit for money damages brought by the deceased’s family or estate, while a criminal case is a government prosecution seeking punishment like jail, probation, or other penalties. Although they can originate from the same death, they are separate types of cases, with different rules, decision-makers, and outcomes.
A wrongful death claim is a civil case brought by the deceased person’s eligible family members or in some circumstances, the estate, to seek money damages after a death caused by negligence, recklessness, or intentional conduct. A criminal case is brought by the government to decide whether someone broke the law and should face penalties such as jail, probation, fines, or other sanctions.
The same death can lead to both a wrongful death claim and a criminal case, but they are separate. The family generally controls whether to pursue the civil wrongful death claim, while the decision to bring criminal charges rests with the prosecutor, and in felony cases, a grand jury. In a civil wrongful death case, the burden of proof is preponderance of the evidence, meaning more likely than not, which is a lower bar than the beyond a reasonable doubt standard required in a criminal case. That is why a civil claim may still be possible even if no criminal charges are filed or there is no conviction.
In Georgia, wrongful death claims can involve strict deadlines, questions about who has the right to file, available insurance coverage, and the damages that may be recoverable under O.C.G.A. § 51-4-2. Families should have their situation reviewed by a Georgia wrongful death attorney to understand what options may be available.
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