Private attorneys and state prosecutors spend years learning the finer details of their fields, so it’s normal for average citizens to be confused about legal terminology. For example, if both wrongful death and murder cases entail a fatality, what’s the difference between the two? If you’re interested in digging deeper into this distinction, consider the following guide before meeting with a lawyer.

Civil Wrongful Death

Wrongful death lawsuits fall under civil domain, which means a case that individual citizens bring against other citizens, corporations, or insurance companies. Therefore, if a person dies due to the negligence or error of a doctor or pharmaceutical company, for example, the surviving family can file a suit to seek compensation. In this case, they’ll hire private lawyers to fight for the payment of damages, from funeral costs to pain and suffering brought on by the passing.

In wrongful death cases, the plaintiff and their lawyer will work to prove “preponderance of the evidence,” which means there is a 51% chance that the allegations against the defendant were, in fact, committed. Unlike a criminal murder case, the plaintiff in a wrongful death case doesn’t need to have a motive. They only need to be found negligent, such as ignoring the operational mistake or design flaw that resulted in the death.

Criminal Murder

Unlike civil law, criminal law cases lead to incarceration rather than payments. Instead of being arranged by the plaintiff, murder cases are brought on by prosecutors working on behalf of the state and the victims.

In criminal murder cases, the burden of proof rests on the prosecutor. They are responsible for establishing the idea that the defendant is guilty “beyond a reasonable doubt.” They may try to prove that the defendant had a motive to murder. This differs from wrongful death cases in that the prosecutor will work to prove the defendant wanted the victim dead.

If you’re not certain whether your loved one was involved in a wrongful death or a murder case, a lawyer can help you distinguish between these civil and criminal realms. The attorneys at Goicoechea, DiGrazia, Coyle, & Stanton are equipped to pursue wrongful death claims, and they can help you work for the compensation you deserve. They’ve been helping clients recoup damages since 1976, whether they were involved in an auto accident or medical malpractice. To learn more about their work, visit the website, or call (775) 738-8091 to schedule a consultation today.