There could be a criminal and a civil case. Criminals brought on by city/county to punish the
wrongdoer with prison or death penalty. Criminal case charges are referred to as murder or
manslaughter.
Wrongful death lawsuits are usually filed in civil court. Civil is called wrongful death and brought on
by family to recover money damages for economic and non-economic losses that result from the
wrongful death.
If a person was killed as the result of another’s intentional or reckless behavior, it is possible to file a
wrongful death lawsuit against them in criminal court. An example of this would be if someone
intentionally shot and killed another human being. The county would prosecute any criminal action
where the crime occurred by a local district attorney.
The criminal action would usually happen before any related civil lawsuit. If someone is found guilty
of killing another person, they could be sentenced to prison time or executed if their actions
warranted it. Some crimes are capital offenses, meaning the defendant could face the death penalty.
However, if your loved one died due to negligence (a failure to exercise reasonable care), a civil
court would likely hear your case. In that case, a civil lawyer will file your case with the court in the
county where the injury took place. A judge or jury will hear the civil lawsuit, and they will decide
whether you are entitled to compensation for your wrongful death damages.
While the rules surrounding filing wrongful death cases are somewhat complex, a personal injury
attorney at JSM Injury Firm APC can help you understand how to proceed with such a claim, if
necessary