Wrongful Death- Civil and Criminal Action
Some wrongful acts may warrant criminal as well as civil action. In criminal cases, the government will punish a person or entity for actions that denote criminal behavior. Civil cases are based on duties or rights that have been violated. Criminal cases require a bigger burden of proof than civil cases and those found guilty are criminally sanctioned. With civil cases, those found liable are ordered to pay monetary damages.
There have been cases where a person is sued both civilly and criminally prosecuted for a malicious act, but was found guilty or liable in only one or the other. The O.J. Simpson case is an example where an individual was found not guilty of a crime, but liable for the same incident in a civil case and ordered to pay restitution.
Pursuing Civil Action
As with the O.J. Simpson case, some survivors of family members who believe that a loved one's death was the result of a wrongful act, but do not receive the verdict they are seeking in criminal court, choose to pursue civil actions afterward. In pursuing a civil claim for wrongful death, a person must establish that the negligent acts of another contributed to one's death, and demonstrate that financial or other damages resulted. Even though the burden of proof may be lower in civil cases, being able to prove such a case can be an extremely complex matter.
Finding Help
There are numerous highly qualified attorneys in every state that have extensive practice in helping personal injury victims get just compensation for their claim. The Internet is one free resource for researching and finding an attorney whose qualifications match one's needs. Most reputable law firms today have Web sites and provide free case reviews or consultations to those who submit their information online.