The death of a family member is a devastating experience. When a loved one is murdered, the state should investigate and, if the culprit is found, prosecute them criminally. However, not all deaths are criminal. A person or business could have accidentally or carelessly committed some act that led to a loved one’s death. The state’s wrongful death law provides a civil remedy for certain family members.
To discuss whether you can bring a wrongful death lawsuit, call Dennis & Winningham today. We are an established personal injury law firm. A Chattanooga wrongful death lawyer can go over what evidence you need to bring a successful claim.
What Does Wrongful Death Mean?
We receive many questions, including “Is wrongful death civil or criminal?” This is a civil claim that works through the civil courts.
A wrongful death under Tennessee Code § 20-5-106 is a death caused by the omission, wrongful act, or killing of another person. Common situations include:
- Negligence-based accidents, including distracted driving accidents
- Accidents caused by recklessness, such as drunk drivers
- Fatal accidents caused by defective products
- Intentional acts
Wrongful death includes crimes like murder and manslaughter, but it is a broader category. You might file a wrongful death lawsuit for simple negligence that results in death. Someone who backs up their car without looking in the rearview mirror has been negligent and is likely liable if they run over a person. But the state is unlikely to charge them with a crime.
Here are other key differences between criminal charges and wrongful death cases.
Initiating the Claim
A wrongful death claim is initiated by certain family members, including the surviving spouse or children. The personal representative can also file a wrongful death lawsuit.
Criminal charges are filed by the prosecutor, who is a government official. They will decide whether to file charges based on the evidence, but also other factors, including the defendant’s criminal history. The prosecutor has no role to play in a wrongful death case.
Contact our office if you lost a loved one in an accident or as a result of a violent crime. We can discuss whether you can file a wrongful death lawsuit. We can also discuss how much you might request from the defendant for compensation.
Liability versus Guilt
A defendant who is responsible for a wrongful death is “liable.” By contrast, a defendant in a criminal case is “guilty.”
In addition to different terminology, civil and criminal cases have different standards of proof:
- A defendant in a civil wrongful death claim is liable if the evidence shows they more likely than not were responsible for the death. That is basically a “more than 50%” standard.
- By contrast, a defendant can only be found guilty in criminal court if the evidence establishes guilt “beyond a reasonable doubt.” That is a higher standard and requires clearer evidence.
It’s possible that a criminal defendant might be acquitted of murder but found liable for wrongful death. That is the result of different standards of proof and is what happened to O.J. Simpson. Although acquitted of murder, he was found liable for the wrongful death of his ex-wife and her friend.
Compensation versus Punishment
The purpose of a wrongful death claim is to secure compensation for the family. If a defendant is liable, they pay money damages to the family and estate for certain losses:
- Medical bills to treat the deceased
- Burial or funeral expenses
- The wages and benefits the deceased could have earned had they lived
- Loss of care, society, companionship, and guidance provided by the deceased
In a criminal case, a defendant is punished if found guilty. The court can sentence them to jail or prison, order probation, issue fines, and impose other penalties.
There might be a punitive element in some wrongful death cases. If the defendant intentionally or recklessly killed your loved one, you might seek punitive damages. These damages are focused on punishing the defendant for conduct that goes above and beyond mere negligence. However, the defendant still only pays money; they do not go to prison.
Statute of Limitations
The statute of limitations differs for wrongful death and crimes. For wrongful death, the family gets one year in many cases to file from the date of death. However, if a defendant is charged with a crime, the deadline is extended in some cases to two years. (Tenn. Code § 28-3-104.) If the family does not file their wrongful death lawsuit before this deadline, they are usually barred from suing.
Conversely, there is no statute of limitations for bringing criminal charges for murder. (Tenn. Code § 40-2-101.) The state can file charges at any time.
Settlement versus Trial
Most wrongful death cases settle outside of court. We often negotiate with a defendant’s insurer. For example, if your loved one was killed on business property, we usually negotiate with the business’s liability insurer.
Settlement makes compensation available to the family much faster than if we went to trial. Also, settlement eliminates the risk of losing in front of a jury.
Criminal cases often end up tried before a jury, especially murder charges. The defendant puts on a defense by calling witnesses and introducing documents or other evidence.
Speak with a Wrongful Death Attorney in the 37411 Zip Code
Did you lose a beloved family member recently? Call Dennis & Winningham today. We offer a consultation with a compassionate lawyer. Contact us at 423-719-7564or submit your information online.
