If your loved one died due to a crime such as homicide or physical assault in Fairfax, it is important to recognize the differences between a civil and a criminal case. Both seek to hold the defendant responsible for your loved one’s death but in different ways. A civil wrongful death claim aims to make the defendant pay for your family’s losses, while a criminal case convicts and sentences the defendant for a crime. You will be responsible for bringing a wrongful death claim, while state or federal prosecutors will bring criminal charges.
Another important difference is the burden of proof. In a criminal case, the burden is to prove the defendant is guilty beyond a reasonable doubt. In a civil case, on the other hand, the burden of proof is lighter. The plaintiff’s attorney must prove that it is more likely true than not true that the defendant caused the decedent’s death. It is not necessary to prove intent; proving negligence can be enough to win a civil wrongful death claim.