Wrongful Death – Criminal or Civil Action?

<h1>Wrongful Death – Criminal or Civil Action?</h1>Author: <a title="Thomas Ajava" href="http://www.articlesbase.com/authors/thomas-ajava/199642.htm">Thomas Ajava</a> The legal system in the United States is divided up into a number of channels. Civil and criminal law are the two most common forms that people experience. A wrongful death action is one where a person is killed because of the alleged wrongful conduct of another party or parties. So, does this make it a criminal action or a civil one? A criminal action is known as a prosecution. In it, the state or federal government brings charges against a defendant. The purpose of the charges is to seek redress for an alleged violation of laws that set the standards for public conduct. The government, however, has a high standard it must meet. It must prove its claims beyond a reasonable doubt from an evidentiary point of view. If it does, the defendant loses their liberty to one extent or another, to wit, they go to jail. Monetary punishment can also be instituted, but happens in only a few cases. A civil law action is brought by a private citizen or company against a defendant. The lawsuit seeks redress for the alleged breach of some duty. This might include a doctor failing to meet the standard of care expected of doctors in the community or a driver failing to drive within acceptable norms. Should the suing party win, the defendant is faced with an award of monetary damages. The defendant does not face any jail time whatsoever, but the suing party usually only has to prove its case by showing its claim is supported by the evidence by a 51/49 or better percentage. A wrongful death claim sounds for all the world like it is a criminal action. It is not. It is a civil claim in which surviving family members seek compensation for the death of a loved one due to the alleged wrongful conduct of the defendant or defendants. If the family wins, the defendants are forced to pay monetary damages for things such as loss of income, spousal support, medical bills, parenting support to kids and so on. While the monetary figure can grow quickly, the defendants never face the prospect of doing time in jail. That only occurs if the state files murder or other charges and prevails. Can a defendant face both murder and wrongful death claims? Yes. In such a situation, the criminal case usually proceeds first. Upon its conclusion, the civil case will then proceed. If the defendant loses both cases, they will end up doing jail time and paying monetary compensation to the survivors.About the Author: Thomas Ajava writes for <a href="http://www.wrongfuldeathattorneysva.com">WrongfulDeathAttorneysVA.com</a> - find wrongful death attorneys in VA to handle your case.
Article Source: <a href="http://www.articlesbase.com/">ArticlesBase.com</a> - <a href="http://www.articlesbase.com/law-articles/wrongful-death-criminal-or-civil-action-1465641.html" title="Wrongful Death – Criminal or Civil Action?">Wrongful Death – Criminal or Civil Action?</a>

The legal system in the United States is divided up into a number of channels. Civil and criminal law are the two most common forms that people experience. A wrongful death action is one where a person is killed because of the alleged wrongful conduct of another party or parties. So, does this make it a criminal action or a civil one?

A criminal action is known as a prosecution. In it, the state or federal government brings charges against a defendant. The purpose of the charges is to seek redress for an alleged violation of laws that set the standards for public conduct. The government, however, has a high standard it must meet. It must prove its claims beyond a reasonable doubt from an evidentiary point of view. If it does, the defendant loses their liberty to one extent or another, to wit, they go to jail. Monetary punishment can also be instituted, but happens in only a few cases.

A civil law action is brought by a private citizen or company against a defendant. The lawsuit seeks redress for the alleged breach of some duty. This might include a doctor failing to meet the standard of care expected of doctors in the community or a driver failing to drive within acceptable norms. Should the suing party win, the defendant is faced with an award of monetary damages. The defendant does not face any jail time whatsoever, but the suing party usually only has to prove its case by showing its claim is supported by the evidence by a 51/49 or better percentage.

A wrongful death claim sounds for all the world like it is a criminal action. It is not. It is a civil claim in which surviving family members seek compensation for the death of a loved one due to the alleged wrongful conduct of the defendant or defendants. If the family wins, the defendants are forced to pay monetary damages for things such as loss of income, spousal support, medical bills, parenting support to kids and so on. While the monetary figure can grow quickly, the defendants never face the prospect of doing time in jail. That only occurs if the state files murder or other charges and prevails.

Can a defendant face both murder and wrongful death claims? Yes. In such a situation, the criminal case usually proceeds first. Upon its conclusion, the civil case will then proceed. If the defendant loses both cases, they will end up doing jail time and paying monetary compensation to the survivors.

Thomas Ajava writes for WrongfulDeathAttorneysVA.com - find wrongful death attorneys in VA to handle your case.

Rate this Article:

0 / 5 stars - 0 vote(s)

Re-Publish

Article Source: http://www.articlesbase.com/law-articles/wrongful-death-criminal-or-civil-action-1465641.html

Article Tags: wrongful death, criminal, civil, law, murder, liberty, jail, compensation, death, survivors, family

Related Videos
Related Articles
Ask / Related Q&A

Play

Surgery Gone Wrong

Play

How to Perform the Wrong Way Suicide Yo-Yo Trick

Play

Learn about the Wrong Ways to Store Comic Books

Play

Rock Band 2 Gameplay - I Was Wrong

Play

How to Play Done Somebody Wrong

Latest Law Articles
More from Thomas Ajava

Allegheny County Court Records | Allegheny County Criminal Records

By: Thomas Whaley | 30/11/2009
Allegheny County Court and Criminal Records are now available. If you want to find Allegheny County Court Records or Allegheny County Criminal Records, you need to read this article. Allegheny County Court Records | Allegheny County Criminal Records:

Volusia County Court Records | Volusia County Criminal Records

By: Thomas Whaley | 30/11/2009
Volusia County Court and Criminal Records are now available. If you want to find Volusia County Court Records or Volusia County Criminal Records, you need to read this article. Volusia County Court Records | Volusia County Criminal Records:

Los Angeles County Court Records | Los Angeles County Criminal Records

By: Thomas Whaley | 30/11/2009
Los Angeles County Court and Criminal Records are now available. If you want to find Los Angeles County Court Records or Los Angeles County Criminal Records, you need to read this article. Los Angeles County Court Records | Los Angeles County Criminal Records:

Palm Beach County Court Records | Palm Beach County Criminal Records

By: Thomas Whaley | 30/11/2009
Palm Beach County Court and Criminal Records are now available. If you want to find Palm Beach County Court Records or Palm Beach County Criminal Records, you need to read this article. Palm Beach County Court Records | Palm Beach County Criminal Records:

Charlotte County Court Records | Charlotte County Criminal Records

By: Thomas Whaley | 30/11/2009
Charlotte County Court and Criminal Records are now available. If you want to find Charlotte County Court Records or Charlotte County Criminal Records, you need to read this article. Charlotte County Court Records | Charlotte County Criminal Records:

Winnebago County Court Records | Winnebago County Criminal Records

By: Thomas Whaley | 30/11/2009
Winnebago County Court and Criminal Records are now available. If you want to find Winnebago County Court Records or Winnebago County Criminal Records, you need to read this article. Winnebago County Court Records | Winnebago County Criminal Records:

Collier County Court Records | Collier County Criminal Records

By: Thomas Whaley | 30/11/2009
Collier County Court and Criminal Records are now available. If you want to find Collier County Court Records or Collier County Criminal Records, you need to read this article. Collier County Court Records | Collier County Criminal Records:

Washoe County Court Records | Washoe County Criminal Records

By: Thomas Whaley | 30/11/2009
Washoe County Court and Criminal Records are now available. If you want to find Washoe County Court Records or Washoe County Criminal Records, you need to read this article. Washoe County Court Records | Washoe County Criminal Records:

Brazil Becoming Dominant Oil Producer In Future

By: Thomas Ajava | 23/11/2009 | Economics
The King is Dead! All hail the King! This shouted quote can now also be applied to the world of oil production. The reason? The only country making major oil discoveries these days is Brazil. In fact, the discoveries are so huge that Brazil now stands to be the dominant oil producer for the foreseeable future.

Factoring – An Alternative When Credit Is Tight

By: Thomas Ajava | 23/11/2009 | Loans
The current economic client is one that is arguably based heavily on fear. People and businesses are worried. So are banks. This has resulted in a very difficult business environment where money is tight and businesses are having problems getting the credit they need to deal with cash flow issues. Factoring is an alternative financing option that many should look to.

Broccoli – Nature’s Weight Loss Pill

By: Thomas Ajava | 23/11/2009 | Health
The best way to lose weight is to cut down on the calories and pick up on the exercise. When you burn more calories than you take in, you lose weight. It is that simple. You should stick to this formula as a life plan to maintain a healthy weight, but what if you need to lose a lot of weight quickly? Allow me to introduce you to broccoli.

Hybrid Cars – A Solar Future

By: Thomas Ajava | 23/11/2009 | Automotive
To say that hybrid cars are hot at the moment would be a slight understatement. One need only look to the car companies that are launching hybrid this and hybrid that in just about every niche of car or truck line they can. While clean diesel cars are also making noise now given their great mileage, the next big deal in hybrid cars is going to be the solar car.

Spirituality – Belief vs an Empty Universe

By: Thomas Ajava | 23/11/2009 | Spirituality
The nature of spirituality is often contrasted with scientific findings, but is this really an argument between two positions in contrast? The more you think about it, the more one tends to doubt it.

Limited Liability Company – Watch Out For The Catch

By: Thomas Ajava | 23/11/2009 | Organizational
The limited liability company, better known as an LLC, is often touted as the perfect business for small businesses. It certainly has some major advantages, but there is another side to it. In many states, there can be a painful financial catch if you use it for your business.

Wrongful Death Claims – A Lawsuit By Another Name

By: Thomas Ajava | 23/11/2009 | Personal Injury
The concept of wrongful death is unique in the law because it is what is known as a bootstrap law. While someone may file a wrongful death lawsuit, the legal claims in that lawsuit are actually based on other legal theories that exist regardless of whether a person died or not.

Medical Malpractice – The Standard of Care Issue

By: Thomas Ajava | 19/11/2009 | Personal Injury
There was a time when patients believed their doctors could do no wrong. Sadly, that is no longer the case. In fact, medical malpractice is the number one area where wrongful death cases are filed. In this article, we take a look at the standard of care issue that is central to most medical malpractice cases.