Wrongful Death Claims vs. Criminal Homicide Cases

Wrongful Death Claims vs. Criminal Homicide Cases

Sometimes, people die because of the actions of others. These actions might be intentional or negligent, but the loss of life is the same. Families are often left wondering what they can do to seek justice for the preventable loss of their loved one, and justice can take different forms. 

Many families dealing with an unexpected loss wonder what the best course of action might be, and anyone in this tragic position should consult with a Montgomery wrongful death attorney as soon as possible.

Criminal v.s Civil Cases

Criminal and civil cases are separate matters. A prosecutor brings charges against someone in criminal court, while individuals bring claims against others in civil court. Criminal court is focused on punishing the offender, while civil court is largely focused on making the victims whole again after they suffered harm. 

If a family loses a loved one due to the actions of someone else, they should not depend on the criminal case to compensate them. Speak with an attorney about your options today. 

Criminal Homicide Charges in Alabama

When someone takes the life of another person, they are often arrested and charged with homicide. There are different homicide charges in Alabama, depending on how the death occurred:

• Murder = This charge applies to most intentional homicides and is a Class A felony with a possible sentence of 20 years to life in prison or the death penalty. 
• Manslaughter = Manslaughter applies when a death was not intentional, but it resulted from recklessness with an extreme indifference to human life, or from a heat of passion caused by provocation. This is a Class B felony with a possible sentence of two to 20 years in prison.
• Criminally negligent homicide = This charge applies when a death happens because of criminal negligence, which is when someone grossly deviates from the standard of care and fails to acknowledge a substantial and unjustifiable risk that death might result. This is a Class A misdemeanor with a maximum sentence of one year in jail. 

The charges that typically coincide with wrongful death claims involve criminal negligence, and this might apply to a drunk driving accident or street racing accident. However, families can also seek wrongful death claims for murder and manslaughter. 

Wrongful Death Claims

Even though someone might receive a conviction for criminal homicide, it does not mean your family will receive compensation. The court might order restitution, but the defendant might not be able to pay it - especially if they go to jail or prison. 

Close family members can file a wrongful death claim in civil court to seek damages. Unlike other states, families do not seek compensatory damages for wrongful death in Alabama. Your attorney will seek punitive damages due to the egregious conduct of the liable person. These damages can help your family move forward in a better financial situation and with a greater sense of justice. 

Seek Help from a Montgomery Wrongful Death Attorney

Luck Law LLC handles wrongful death claims in Alabama and defends clients against criminal homicide charges. To schedule a consultation, contact us online as soon as possible.