Should I file a wrongful death claim if a criminal case is pending?

It is usually best to file a civil wrongful death claim even when the outcome of the criminal case has not yet been decided. There is only a limited window of time for survivors to file a lawsuit, and the sooner family members speak with a Rhode Island wrongful death lawyer, the better their chances of recovering compensation.

Differences Between a Wrongful Death Claim and a Criminal Case

A wrongful death is a special circumstance that can result in two separate legal actions: a claim in civil court and a case in criminal court. Criminal charges are brought by a government prosecutor and can result in imprisonment, fines, and other penalties. Civil claims, on the other hand, are filed by survivors whose lives have been affected by someone’s misconduct. If a civil claim is successful, the only reward for the survivors is financial compensation.

There are some important differences in your civil case and a criminal case, including:

Negligence is enough 

While criminal actions need conclusive proof of intentional or reckless acts, a civil lawsuit only requires proof that an at-fault party’s negligent actions caused the death.

Lower burden of proof 

Federal law requires attorneys in a criminal case to prove guilt beyond a reasonable doubt. However, the burden of proof in a civil case is much lower. In a wrongful death claim, you only need enough evidence to show that the at-fault party’s actions are the most probable cause of your loved one’s death.

Potential for punitive damages

In addition to economic damages in a wrongful death case, survivors may be able to collect punitive damages to punish the at-fault party.