In the area of criminal law and personal injury, the two terms “wrongful death” and “unlawful death” often create confusion due to their overlapping implications. There is no doubt that both terms indicate circumstances where an individual loses their life as a result of another’s actions; the legal definitions between the two terms are distinct.
Understanding the differences between these two terms is important, especially when you are in a situation where you need to pursue legal justice. This post aims to clarify the difference between wrongful death and unlawful death, using real cases as examples to illustrate each. It also provides insight into the roles of wrongful death and unlawful death lawyers in such lawsuits.
Understanding wrongful death
Wrongful death is a legal claim filed by the estate or family of the deceased individual against the party whose intentional or negligent actions resulted in the individual’s death. As a civil matter, the case is taken through the civil court system, which often resolves with financial compensation rather than criminal penalties.
In wrongful death cases, the plaintiff (the family of the deceased) must prove that the defendant was liable for the death due to recklessness, intentional harm, or negligence. This can include incidents such as:
- Car accidents: Say, if a driver using a mobile phone while driving causes a fatal accident, the family of the deceased have the right to pursue a wrongful death lawsuit against the driver.
- Defective products: When a defective product results in a critical accident, the manufacturer can be held responsible for wrongful death.
- Medical malpractice: If a patient were to die because the surgeon failed to follow standard procedures, the family could file a wrongful death claim against the medical professional.
In these cases, the burden of proof is lower than that of criminal cases. As it is dependent on the “preponderance of the evidence”, meaning the likelihood of death not due to the defendant’s actions is a more acceptable standard.
Example of wrongful death
A notable case of wrongful death is “The O.J. Simpson civil trial”. Although O.J. Simpson was absolved in the criminal case for the murders of Ron Goldman and Nicole Brown Simpson, he was later found responsible in a civil wrongful death lawsuit instead. The victim’s families sued O.J. Simpson for damages, for which the jury awarded them $33.5 million. This case demonstrates how wrongful death lawsuits can proceed even when pertaining criminal charges do not result in a conviction.
Defining unlawful death
Unlike wrongful death, unlawful death typically indicates a death that happens due to criminal activity. It is a term that encompasses several forms of homicide, such as negligent homicide, manslaughter, and murder. The unlawful death cases are prosecuted in criminal courts by the federal or state government. If the defendant is announced guilty, they face fines, imprisonment, or even death penalty in some jurisdictions.
The burden of proof for unlawful death cases is higher as compared to wrongful death cases. Because the prosecution must showcase “beyond a reasonable doubt” that the accused committed the crime resulting in the victim’s death. This standard is stricter than that of wrongful death cases.
Example of an unlawful death
A famous unlawful death case is “The Case of George Floyd”. In 2020, a former police officer named Derek Chauvin was convicted of third-degree murder, second-degree unintentional murder, and second-degree manslaughter in Floyd’s death. This was an unlawful death case as it consisted of criminal charges followed by a sure conviction. The prosecution must prove beyond a reasonable doubt that Chauvin’s actions resulted in Floyd’s death.
Key differences between wrongful death and unlawful death
| Aspect | Wrongful death | Unlawful death |
| Nature of the case | Civil case | Criminal offense |
| Burden of Proof | Preponderance of evidence | Beyond a reasonable doubt |
| Outcome | Monetary compensation for damages to the deceased’s family or estate | Criminal penalties, like fines, imprisonment, death penalty |
| Legal representation | Surviving family members or estate of the deceased | State or government |
| Examples | Car accidents, medical negligence | Negligent homicide, manslaughter, murder |
The role of unlawful death lawyers
In unlawful death cases, the role of unlawful death lawyers, also commonly known as criminal defense attorneys, is significant. These lawyers defend the accused party of committing crimes that led to another individual’s death. Their main goal is to ensure that the defendant receives a fair trial in court and also protect their rights throughout the legal proceedings.
Unlawful death lawyers are responsible for building a strong defense strategy by examining evidence, questioning witnesses, and identifying procedural errors that may possibly benefit their client’s side. In certain cases where there is strong evidence against the accused, these attorneys can negotiate plea deals to minimize the severity of the penalties.
Just take a look back at the case of Derek Chauvin mentioned above. Chauvin’s legal team worked hard to argue using other factors, like George Floyd’s health conditions and drug use, as the cause of his death rather than solely Chauvin’s. Although this defense was ultimately denied, it highlights the role of unlawful death lawyers in providing hard defense.
Navigate the complexities of death-related legal cases
Knowing the apparent differences between wrongful death and unlawful death is vital to anyone seeking justice in the aftermath of losing someone to death. While wrongful death cases focus on securing fair and deserving compensation via civil lawsuits, unlawful death cases, on the other hand, surround criminal prosecutions and punishments. Nonetheless, both cases demand skilled and experienced representation, with wrongful death attorneys specializing in civil claims and unlawful death lawyers centering on defending those accused of crimes.
Say you are experiencing the loss of a loved one under suspicious circumstances. In that case, you should first consult with the appropriate and authorized legal professionals to identify and strategize the best course of action. Whether pursuing a wrongful death claim or facing criminal charges in an unlawful death case, having reputed and experienced attorneys siding with you can make notable differences in acquiring a fair and just outcome.