Whether it’s some type of negligent homicide or outright murder, the death of one person at the hands of another can also be considered a “wrongful” death.
What does it mean, however, if the prosecutor decides that there isn’t enough evidence to bring charges against the guilty party? What if the prosecutor brings charges against the person who caused your loved one’s death but the jury doesn’t convict? Does that mean your chance at justice is entirely over? Not at all. Here are the basics you need to know:
There are two different standards of proof
Wrongful death claims are civil actions, so they exist outside of the criminal justice process. That’s important for two reasons:
- A wrongful death claim – which is a type of personal injury claim – can be brought against the responsible party even if they never face criminal charges at all, the criminal case is dismissed for some reason or the defendant is somehow acquitted at trial.
- Because wrongful death claims are civil actions, you only need to prove that the defendant is “more likely than not” responsible for your loved one’s death. That’s a much lower standard of proof than “beyond a reasonable doubt,” which is what is used in a criminal trial. People have been acquitted in criminal trials only to be found liable in civil court for the same actions.
While a defendant cannot be tried in criminal court again for the same crime due to their protection against “double jeopardy,” there is no rule that says they cannot be required to defend themselves in civil court. In civil court, they’re only in danger of losing money – not their freedom, so double jeopardy doesn’t apply.
Any time someone’s life is cut short due to another person’s actions, it’s tragic – but that tragedy can be compounded when the criminal justice system fails. If your loved one died at someone else’s hands, don’t wait on the prosecution to make their case. It’s wiser to seek your own legal guidance.