The deceased’s family may choose to file a wrongful death lawsuit in civil court, but the government will file a homicide case in criminal court.
For example, the district attorney in a city charges a nursing home employee with homicide in criminal court for the death of one of the nursing home’s residents. In a separate legal action, the victim’s family files a wrongful death lawsuit in civil court against the employee for the death of their loved one.
The defendant faces the prospect of two trials for the same death, but the crimes they are charged with are different. The offense is labeled a homicide in criminal court and wrongful death in civil court.