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Most people have a good idea of what a criminal case is, due to the prevalence of crime shows on television and media coverage of major criminal trials. While this article aims to explain the basic differences between criminal and civil cases as they relate to death, for professional advice, contact a wrongful death attorney.
What is a criminal case?
Criminal cases are brought against individuals by local, state or federal governments on behalf of citizens of the United States and result in a sentence such as a fine or restitution to the victim, a jail or prison sentence, a probationary supervision period, or a combination of the above. In criminal cases involving a victim, the victim does not bear the responsibility of bringing legal action against the accused.
What is a civil case?
A civil case, by contrast, involves an individual or entity (like a government or corporation) known as the plaintiff who brings a case against another party, known as the defendant, for failing to carry out a legal duty. The cases are heard in state and federal courts and if found guilty, the defendant must make good on the duty he or she failed to carry out, provide compensation for damage done, or a combination of the two.
In a nutshell, a criminal case is pursued when an action is considered damaging to the overall society, whereas civil cases are between people or entities.
In instances of death, a case can be heard in a criminal court or a civil court and, in some instances, both. For example, if the negligence of a driver results in the death of another, the state can bring criminal charges (homicide) against the driver. But the affected loved ones of the victim can also sue the driver in civil court (for wrongful death) for compensation related to emotional and economic losses.
A famous example of this double trial is the case of O.J. Simpson. After being found not guilty of murder in a criminal court in 1995, the family of the victim filed suit for wrongful death against him and won a substantial settlement.
If you have questions related to the death of a family member, contact the law offices of Tarasi & Tarasi. We are experienced Pittsburgh wrongful death attorneys and have a comprehensive understanding of wrongful death law.
For a free consultation with the Pittsburgh wrongful death lawyers at Tarasi & Tarasi, we are located at 510 Third Avenue Pittsburgh, Pennsylvania. 15219.
