Several critical distinctions between a civil case and a criminal case regarding someone’s death include:
* Different bodies of law – In a criminal homicide case, prosecutors must demonstrate that a defendant violated a specific law and killed someone due to a criminal act. However, plaintiffs only need to show that the defendant’s negligence or unlawful actions contributed to the victim’s death in a civil wrongful death case.
* Who files the case – Criminal homicide cases are filed on behalf of the government, with prosecuting attorneys handling the legal process of pursuing criminal charges in court. Civil wrongful death cases are private matters, typically filed by members of the family of the deceased.
* Different burdens of proof – In a criminal case, prosecutors must prove to a criminal court jury that the defendant is guilty of the crime “beyond a reasonable doubt.” That means even a slight possibility that the defendant did not commit the crime could result in a “not guilty” verdict. On the other hand, in a civil suit, plaintiffs only need to prove that the defendant is liable based on a “preponderance of the evidence.” That simply means the defendant is more likely than not responsible for the death.
* Penalties for liability – If a defendant is found guilty in a criminal case, they face penalties such as fines, probation, and jail time. If a defendant is held liable in a civil case, on the other hand, they will typically be ordered to pay a monetary settlement to the plaintiff.
Some situations can serve as grounds for both criminal and civil cases. For example, an intoxicated driver who crashes and kills another road user may face criminal DUI and manslaughter charges in addition to liability in a civil wrongful death case.