Understanding the difference between a civil wrongful death claim and a criminal prosecution is helpful in these circumstances. First and foremost, both of these types of cases can occur at the same time. However, only a wrongful death claim has the potential to recover a monetary judgment against the responsible party.
A wrongful death claim is a civil lawsuit brought by the personal representative of the decedent’s estate. With the guidance of wrongful death lawyers, the personal representative will seek monetary compensation from the at-fault party on behalf of the decedent’s heirs. A judgment in a civil case will not result in a criminal conviction or the consequences that come with one.
In the alternative, it’s up to the Commonwealth’s Attorney to bring a criminal charge against the at-fault party. While they might consult with the victim’s family before doing so, the decision is ultimately with the state. Unlike a civil claim, a conviction for a criminal offense can result in jail time and fines. These cases could involve charges of murder or manslaughter, which can result in lengthy prison terms if convicted.