How Wrongful Death Claims Differ from Criminal Cases
A wrongful death claim is a civil case seeking compensation for losses caused by a death, while a criminal case is brought by the government to punish conduct that violates criminal law. The same death can lead to both, but the cases are separate and can have different outcomes.
A criminal case addresses whether the government will prosecute and potentially punish someone for an alleged crime. However, it will not compensate your family for what you have lost. If you lost a loved one because of someone else's conduct, our Tampa wrongful death lawyers at Matthews Injury Law can investigate the civil claim, identify the losses your family may recover, and pursue compensation independently of any criminal case.
A Wrongful Death Claim in Tampa is a Civil Case
A wrongful death claim seeks financial compensation for the losses resulting from your loved one’s death. Under Fla. Stat. § 768.19, Florida's Wrongful Death Act applies when a person's death results from a wrongful act, default, negligence, or breach of warranty or contract. The statute also allows a wrongful death claim when the circumstances involved conduct that could constitute a felony. The lawsuit is brought by your deceased loved one’s personal representative for the benefit of the estate and eligible survivors.
A Criminal Case is Brought by The Government
A criminal case serves a different purpose. It’s for holding someone accountable for an alleged crime. A prosecutor decides whether to file charges, not you or your family. Depending on the offense, a conviction can result in imprisonment, probation, fines, or other criminal penalties. You may participate in the criminal process, but you don’t control the prosecution.
The Same Death Can Lead to Both Cases
A criminal prosecution doesn’t replace a wrongful death claim. For instance, if a person allegedly causes a fatal crash while committing a serious offense, prosecutors may bring criminal charges while your loved one’s personal representative pursues a civil claim. The two cases can proceed separately.
A Tampa Wrongful Death Claim Can Address Your Family's Financial Losses
Your civil case focuses on the losses your family suffered, not on punishing the party that caused the death. Under Fla. Stat. § 768.21, recoverable damages can include lost support and services, certain losses suffered by survivors, and qualifying medical and funeral expenses. The damages available depend on the circumstances and your relationship to the deceased. A criminal case doesn’t provide the same type of civil recovery for the family's losses.
A Criminal Charge Does Not Decide The Wrongful Death Case
A person can avoid a criminal conviction and still face civil liability because the two cases have different legal standards and address different questions. You don’t necessarily have to wait for the criminal case to end before filing a wrongful death claim. A criminal investigation may uncover evidence that becomes relevant to your civil case, but the two proceedings have different purposes, parties, and standards. For that reason, the outcome of the criminal case doesn’t automatically determine whether your family can pursue compensation.
Trust Our Seasoned Wrongful Death Lawyers in Tampa With Your Claim
Losing someone because of another party’s conduct can leave your family dealing with consequences that a criminal prosecution just can’t compensate for. Our Tampa wrongful death lawyers can pursue the civil side of the matter and help your family seek compensation for the losses caused by your loved one's death. To set up your free case evaluation, call Matthews Injury Law at 813-530-1000 or fill out our online contact form.