3 Key Differences Between Wrongful Death Attorneys & Criminal Lawyers

Among the differences between cases tried by wrongful death attorneys and those with criminal attorneys defending those accused of murder are these three key features: the type of trial, the burden of proof, and the determination of verdict and subsequent sentencing.

Type of Trial
While a murder or manslaughter investigation takes place in a criminal trial, wrongful death attorneys deal with lawsuits in civil trials. A main difference between these two kinds of cases is the prosecution. In a criminal trial in which the defendant is accused of any number of criminal charges related to loss of life, such as murder, homicide, or manslaughter (voluntary, involuntary, or vehicular). While criminal cases are brought to court on behalf of a state or the United States, in civil cases, the prosecution is usually the victim’s family. Regardless of the outcome of such a criminal case, the same defendant may be held accountable in a civil case; the reason for this disparity is based on differing burdens of proof.

Burden of Proof
In any criminal trial in the United States, the defendant is presumed to be innocent until proven guilty. As a result, many jurors hang their heads as they deliver verdicts of “not guilty,” not because they truly believe that the defendant is innocent, but because guilt has not been proven beyond a reasonable doubt. By contrast, in civil cases, the standard of proof is more flexible, based on a “preponderance of the evidence,” which boils down to a decent likelihood or more than a 50% chance of guilt. What is being proven is different, as well: Wrongful death attorneys aim to prove that someone’s carelessness or conduct have caused or contributed to a person’s death.

Determination of Verdict
The premise of a criminal murder trial is that if someone has committed murder, justice should be served, in the form of jail time and/or the death penalty. If jurors determine the verdict of “guilty,” the sentencing is up to the judge. By contrast, civil suits are based on the premise that a person whose negligence or intentions have in some way contributed to a death should, in some way, compensate the family or others who are suffering. The result in such a case is not jail time but monetary reparations, and both the verdict of “responsible” and the amount of compensation are set out by the jury.

Even though wrongful death attorneys and criminal lawyers may try the same person for the same death, both the verdicts and the results of their time in court may be quite different, indeed.