Wrongful death lawsuits are generally based upon negligence. However, intentional acts can also be dealt with via the wrongful death lawsuit process. The primary difference is the standard of proof required to prove your case. In a wrongful death case, the family is seeking financial compensation via a civil lawsuit, while a criminal action can carry jail time and other criminal penalties. The standard of proof is the much lower “preponderance of the evidence” threshold in a civil case, while the more difficult “beyond a reasonable doubt” standard applies in criminal prosecution.