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Is Wrongful Death Classified as a Felony?

Dealing with the untimely death of a loved one can be incredibly difficult, especially when it was caused by someone else’s negligence. Many people in this situation might wonder if a wrongful death case is a felony. Wrongful death is not classified as a felony because it is a civil lawsuit rather than a criminal charge. It seeks financial compensation for the beneficiaries of the deceased rather than criminal punishment for the perpetrator. Let’s take a look at the most frequently asked questions about wrongful death and the law.

What Is Wrongful Death?

Wrongful death happens when someone dies due to the negligent, reckless, or deliberate actions of a third party. It allows the deceased’s survivors to file a civil lawsuit seeking compensation for their loss, covering damages like funeral costs, lost income, emotional distress, and loss of consortium. Each state has slightly different laws, but a wrongful death lawsuit can typically be filed if the deceased would have been able to file a personal injury lawsuit had they survived.

Is Wrongful Death Considered a Criminal Offense?

No, wrongful death is not considered a criminal offense as it is pursued in civil court instead of criminal court. In a wrongful death case, the family or representatives of a deceased person seek financial damages from a negligent party or parties that caused or contributed to the death of the victim. This is different from criminal charges, such as manslaughter or murder, in which the state prosecutes the accused to seek punishment. Wrongful death claims seek to provide compensation for the survivors’ loss rather than punishing the negligent party through criminal penalties.

What Is the Difference Between Wrongful Death and Homicide?

Wrongful death and homicide are different legal concepts that are handled in different courts. Some of the biggest differences between civil and criminal cases like wrongful death and homicide are:

  • Legal framework: Wrongful death is a civil lawsuit aimed at financial compensation for the deceased’s survivors or estate. It addresses losses caused by negligent or intentional acts leading to death. In contrast, homicide is a criminal charge, such as manslaughter or murder, dealt with in criminal court.
  • Purpose and outcome: The purpose of a wrongful death claim is to compensate the family financially, focusing on the economic and non-economic damages associated with the loss. Homicide charges aim to punish the wrongdoer, with potential outcomes including imprisonment, fines, or other criminal penalties.
  • Burden of proof: In civil cases for wrongful death, the burden of proof is based on preponderance of the evidence, which means that it is more likely than not that the defendant’s actions were responsible. Criminal cases require proving beyond a reasonable doubt to convict someone of homicide.

Can Someone Go to Jail in a Wrongful Death Case?

Nobody can go to jail in a wrongful death case because it is a civil lawsuit, which does not result in criminal penalties. However, there can be concurrent criminal prosecution for the same death, such as in cases of manslaughter or murder. If the criminal court finds the accused guilty of manslaughter or murder, then that separate criminal trial could lead to imprisonment. Thus, while wrongful death itself does not lead to jail time, associated criminal charges potentially could.

Who Can File a Wrongful Death Claim?

State laws often differ on who can file a wrongful death claim on behalf of the victim. However, they usually include immediate family members, dependents, and estate representatives. 

In Texas, the following parties can bring forth a wrongful death claim:

  • Surviving spouse
  • Children
  • Parents
  • Executor or administrator of the deceased’s estate

In Louisiana, only eligible family members are allowed to recover damages:

  • Surviving spouse
  • Children
  • Parents
  • Siblings
  • Grandparents

What Must Be Proven in a Wrongful Death Case?

To succeed in a wrongful death case, the plaintiff must establish several key elements:

  • Relationship: The plaintiff must demonstrate a legal relationship to the deceased, typically as a family member or representative of the estate.
  • Negligence or intent: The plaintiff must show that the defendant engaged in negligent behavior toward the victim. This involves proving that the defendant owed a duty of care to the deceased and breached that duty.
  • Causation: There must be a direct link between the defendant’s actions or inactions and the death of the deceased. This means proving that the death would not have occurred without the negligent party’s conduct.
  • Damages: The plaintiff must prove that the death resulted in measurable damages. These can include medical expenses, funeral costs, loss of income and benefits, pain and suffering, and loss of companionship or consortium.

What Should Friends or Family of Victims Do if They Suspect a Wrongful Death?

When friends or family suspect a loved one’s death might be wrongful, it’s crucial to act quickly to establish the basis for a potential legal claim. Here are the steps they should take:

  • Seek legal advice: Consulting with a wrongful death attorney helps family members understand their legal rights and the necessary steps to pursue a claim.
  • Collect evidence: Gathering all relevant information and documents, such as medical records, accident reports, and witness statements, can be extremely helpful when filing a lawsuit.
  • File a police report: If not already done, reporting the death to the police ensures there is an official record.
  • Demand an autopsy: Requesting an autopsy can provide crucial details about the cause of death, which is essential in proving a wrongful death claim.
  • Keep records: Maintaining detailed records of all related expenses and impacts, including funeral costs and emotional distress, can support claims for damages.

What Is the Statute of Limitations for Wrongful Death Cases in Texas and Louisiana?

The statute of limitations for wrongful death claims varies from state to state. In Texas, family members have two years from the date of death to file a claim. Louisiana, however, allows only one year for filing such claims. These time limits are crucial, as missing them can forfeit the right to sue. It is important for those affected to consult an attorney quickly to avoid missing any legal deadlines.

Sources

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.