Civil vs. Criminal Cases
When a loved one dies, you may be unsure what the correct legal path to justice is. We always recommend you call our law firm to meet with one of our attorneys for a free consultation and case review. This way, we can determine the best way forward based on your unique circumstances. Here’s a general overview of the difference between civil and criminal cases:
Civil Cases
A wrongful death case is a civil suit, meaning there are no criminal charges involved. The surviving spouse, children or parents are responsible for filing a claim, rather than the state. The plaintiff’s objective is to collect financial restitution from the defendant’s insurance company or the defendant themselves for damages such as loss of financial support, loss of consortium and funeral costs.
Criminal Cases
A criminal case is filed by the state against a defendant accused of causing deadly harm, rather than by the bereaved family members. The intent of a criminal case is to determine whether the defendant is guilty of a crime and deserves punishments such as fines and jail time. In some cases, the defendant may be ordered to pay restitution to the victim’s survivors as part of the outcome of a criminal trial.
Filing Both Types
In some cases, the bereaved can file a wrongful death suit against someone facing criminal charges related to the same death. One very prominent example of this is the OJ Simpson murder trial, in which Simpson was acquitted of criminal charges, but ordered to pay restitution through a civil suit. Incidents involving DUI that causes fatalities could spur both criminal and civil cases.
Who Can File a Wrongful Death Claim
In Texas, the deceased’s surviving spouse, children or parents can file a wrongful death lawsuit with the civil courts. These are also the only people that can request that a wrongful death lawsuit not be filed by the deceased’s executor (the person appointed to carry out their will).