Watkinsville Wrongful Death Lawyer

Is Wrongful Death a Criminal Matter?

“Wrongful death” is often used interchangeably with terms like “homicide.” However, these are not the same thing in the legal world:

Wrongful death cases refer to civil claims that one person brings against another party on behalf of a person who has died. In a wrongful death case, the defendant could be a person, a business entity, or a government entity.

• Homicide is defined as the unlawful killing of a human being by another. This is a criminal act.
• Criminal death is governed by a state’s criminal code.

Title 16 of the O.C.G.A. contains Georgia’s criminal code, which encompasses cases such as murder and manslaughter. The state prosecutes homicide cases, while personal injury attorneys like Charles Scholle litigate wrongful death cases.

Criminal homicide cases and civil wrongful death cases generally have different aims. In a criminal death case, the court aims to punish the wrongdoer for their actions. In a wrongful death case, the aim is to compensate the victim’s family for their loss. 

There are several other important differences between criminal death and wrongful death in the state of Georgia:

• A district attorney’s office will not pursue a wrongful death claim (it is not under their legal purview).
• You can pursue a wrongful death case even if the district attorney’s office pursues a criminal action for homicide. You can file a civil case whether or not the defendant is found guilty of criminal charges. A famous example of this is the OJ Simpson trial, in which Simpson was found not guilty of murder but was found liable for wrongful death in civil court.
• The criminal code of Georgia does not apply to a wrongful death action. Instead, Chapter 4 of Title 51 (Torts) of the O.C.G.A. applies.
• There will be no “guilty” or “not guilty” verdict in a wrongful death suit. Instead, it will determine that the defendant is “liable” or “not liable.”
• Wrongful death cases cannot result in jail time or imprisonment for a defendant. Rather, monetary damages may be awarded if the responsible party is found at-fault for the death.

While these differences are important to note, it is more important to understand that filing a wrongful death suit is the best way to seek compensation after your loved one’s passing. Your attorney can provide more insight and advice regarding your options and the process of filing a lawsuit.