How is wrongful death different from criminal homicide?
Both a wrongful death case and a criminal homicide case involve the death of a person. In a wrongful death case, the decedent’s estate pursues the claim in civil court to recover damages from the death. In a criminal homicide case, the state prosecutes the case in a criminal court and seeks a jail or prison sentence. One case does not preclude the other—both may occur. If a wrongful death case occurs first, a defendant may assert a Fifth Amendment privilege against self-incrimination during the civil suit because the state may prosecute the defendant and use the defendant’s statement against him. In addition, a wrongful death case and a criminal prosecution for the same death may yield different outcomes that are, nonetheless, consistent. In the wrongful death case, the plaintiff must prove by a preponderance of evidence—more likely than not—that the defendant is liable. In contrast, the prosecution in a criminal homicide case must prove the elements of the criminal homicide charge bey
