Losing a loved one due to another person’s actions is a tragic experience, leaving families seeking justice and accountability. In Hawaii, there are two primary legal avenues that may come into play after a fatal incident: wrongful death claims and criminal charges. While both involve a loss of life, they serve different legal purposes, have distinct burdens of proof, and can proceed independently of one another.
If you have lost a loved one due to someone else’s negligence or misconduct, consulting a Honolulu wrongful death lawyer can help you understand your legal options. Families may be able to pursue a wrongful death lawsuit in civil court, even if a criminal case is also underway. Understanding the differences between these legal processes is essential when seeking justice and financial compensation.
Key Differences Between Wrongful Death Lawsuits and Criminal Homicide Charges
Wrongful death claims and criminal homicide cases both address the death of a person, but they differ in their objectives, legal standards, and potential outcomes.
1. Legal Purpose
- Wrongful Death Lawsuit (Civil Case) – A wrongful death claim is a civil lawsuit filed by the surviving family members or the deceased’s estate. The goal is to obtain financial compensation for damages such as medical bills, funeral costs, lost income, and emotional suffering.
- Criminal Homicide Charge (Criminal Case) – A criminal case is initiated by the state or government to hold the responsible party legally accountable for the death. The goal is not financial compensation but punishment, which may include imprisonment, fines, or probation.
2. Who Files the Case?
- Wrongful Death Claim – The deceased’s family members, such as a spouse, children, or estate representative, file the lawsuit against the negligent party.
- Criminal Homicide Charge – The prosecutor or district attorney files charges on behalf of the state against the accused individual.
3. Burden of Proof
The burden of proof differs significantly between civil and criminal cases:
- Wrongful Death Lawsuit – The plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant’s actions caused the death. This is a lower standard of proof compared to criminal cases.
- Criminal Homicide Case – The prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is the highest standard in the legal system.
Because of this difference, a defendant may be found not guilty in a criminal case but still be held liable in a wrongful death lawsuit.
4. Possible Outcomes
- Wrongful Death Lawsuit – If the defendant is found liable, they must pay monetary damages to the victim’s family.
- Criminal Homicide Case – If convicted, the defendant may face jail or prison time, fines, probation, or other penalties as determined by the court.
Can a Wrongful Death Lawsuit and Criminal Case Happen at the Same Time?
Yes, wrongful death claims and criminal cases can proceed simultaneously but separately. Since one is a civil matter and the other is a criminal prosecution, they do not interfere with each other.
A well-known example of this is the O.J. Simpson case. He was acquitted in the criminal trial for murder but was later found liable in a wrongful death civil lawsuit and ordered to pay damages.
In Hawaii, even if a defendant is not charged or convicted in criminal court, a wrongful death lawsuit can still move forward. Since the burden of proof is lower in civil cases, a family may still win financial compensation even if the criminal trial results in an acquittal.
Examples of Cases That Can Lead to Both Legal Actions
Several types of incidents may result in both criminal charges and wrongful death claims, including:
- Drunk Driving Fatalities – A driver who causes a fatal accident while under the influence may face DUI-related homicide charges and a wrongful death lawsuit.
- Medical Malpractice Leading to Death – A doctor who intentionally harms a patient may face criminal charges, while the family can file a civil claim for financial damages.
- Workplace Deaths Due to Negligence – If an employer’s extreme recklessness leads to a worker’s death, they may face both criminal penalties and civil liability.
- Acts of Violence (Murder or Manslaughter) – If someone intentionally kills another person, they will likely face criminal charges, and the victim’s family can also sue for wrongful death.
Why Families Should Consider Filing a Wrongful Death Claim
Even if criminal charges are pursued, a wrongful death lawsuit provides financial relief and a sense of justice for surviving family members. Compensation from a civil case can help cover:
- Medical expenses incurred before the victim’s death
- Funeral and burial costs
- Loss of financial support and future earnings
- Loss of companionship and emotional suffering
Additionally, a wrongful death lawsuit allows families to hold responsible parties accountable, even if the criminal justice system does not result in a conviction.
Wrongful death claims and criminal homicide cases are separate legal actions that serve different purposes. A criminal case seeks to punish the offender, while a wrongful death lawsuit allows the family to recover financial compensation for their loss. These cases can proceed at the same time, and even if no criminal charges are filed or the accused is acquitted, a wrongful death lawsuit may still be successful.
If you have lost a loved one due to negligence or intentional harm, consulting an experienced attorney can help you navigate your legal options. A Honolulu wrongful death lawyer can assist in filing a wrongful death claim, gathering evidence, and ensuring your family receives the justice and compensation they deserve.
