When a loved one dies, the aftermath can be overwhelming. It’s common to wonder how justice can be pursued. While both a wrongful death claim and criminal charges seek accountability, they serve distinct purposes and operate under different legal frameworks. Understanding the differences is crucial when deciding how to proceed. The Richards Firm, a trusted wrongful death attorney in Hamilton, Ohio, is here to guide you through this difficult time and help you determine the best course of action for your family.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by the family or estate of the deceased against the party responsible for the death. It focuses on recovering financial compensation for the survivors rather than imposing criminal penalties.

Key Characteristics of a Wrongful Death Claim:

• Purpose: To provide compensation for losses such as medical expenses, funeral costs, lost income and future earning capacity, and pain and suffering.
• Burden of Proof: Requires proving liability by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant’s actions or omissions caused the damages at stake.
• Defendant: Can include individuals, companies, or other entities, such as negligent drivers, employers, or property owners.
• Outcome: Results in monetary damages to be recovered rather than jail time or criminal penalties.

What Is a Criminal Case?

A criminal case is brought by the local, state, or federal government against the individual accused of committing a crime. It seeks to punish the defendant for breaking the law.

Key Characteristics of a Criminal Case:

• Purpose: To uphold public safety and penalize unlawful behavior through fines, imprisonment, or probation.
• Burden of Proof: Requires proving guilt “beyond a reasonable doubt,” a much higher standard than in civil cases.
• Defendant: Typically an individual accused of an intentional act, such as manslaughter or murder.
• Outcome: May result in incarceration, fines, or other penalties imposed by the court.

How Wrongful Death Claims and Criminal Cases Differ

1. Who Files the Case:
   • Wrongful Death Claim: Filed by the victim’s family or estate.
   • Criminal Case: Filed by the government’s prosecutor.
2. Type of Proceedings:
   • Wrongful Death Claim: Civil court; focuses on financial compensation for negligence.
   • Criminal Case: Criminal court; focuses on punishment for breaking the law.
3. Standard of Proof:
   • Wrongful Death Claim: Easier to prove due to the lower standard of “preponderance of the evidence.”
   • Criminal Case: More challenging to prove due to the higher standard of “beyond a reasonable doubt.”
4. Possible Outcomes:
   • Wrongful Death Claim: Monetary damages awarded to the family or estate.
   • Criminal Case: Jail time, probation, or fines for the defendant.

Can You Pursue Both Cases Simultaneously?

Yes, it’s possible to pursue both a wrongful death claim and a criminal case for the same incident. However, the cases are handled separately in different courts. For example, if a loved one dies in a fatal car accident caused by a drunk driver, the state may prosecute the driver in criminal court, while the victim’s family can file a wrongful death claim for financial compensation in civil court.

How The Richards Firm Can Help with Your Wrongful Death Case

Pursuing a wrongful death claim requires navigating a complex legal process. At The Richards Firm, we provide compassionate and experienced legal representation to families in Hamilton, Ohio. We will:

• Help you understand your legal rights and options.
• Investigate the circumstances surrounding your loved one’s death.
• Gather evidence to build a strong case.
• Advocate for your family’s best interests in negotiations or court proceedings.

Our team understands the emotional and financial challenges wrongful death cases bring, and we’re committed to helping you secure the compensation you deserve while holding the responsible party accountable.

Trust The Richards Firm for Your Wrongful Death Case

Navigating the differences between wrongful death claims and criminal cases can be daunting, but you don’t have to face it alone. The Richards Firm, a leading wrongful death attorney in Hamilton, Ohio, is here to guide you every step of the way. Our team is dedicated to fighting for justice and ensuring your family receives the support and compensation needed to move forward.

Contact The Richards Firm today to schedule a consultation and learn how we can help you pursue justice for your loved one.

We can be reached at 513-341-5413 or visit us at https://richardsinjuryfirm.com.  

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