GA Wrongful Death Law: Difference between a Civil Case and a Criminal Case in Death

When a killer is arrested for a violent crime causing death, the survivors of the victim often assume that a criminal case supersedes the ability of the family to collect in a civil wrong death case.  In reality, civil and criminal cases are separate and distinct legal actions, with many differences, including the following:

• A criminal case begins with an arrest.  A civil case begins with a claim against an insurance company, or it can begin with a lawsuit filing against the individual who cased the death.
• A criminal case proceeds through a specific process as governed by criminal law.  Wrongful death law in GA governs the process for a civil case, which can end in an out-of-court settlement or through a settlement determined by the civil courts.
• Punishment for a criminal case may include fines, jail time, or even death.  GA wrongful death law does not establish punishment, per se.  An individual found to have caused a death in civil court pays monetary compensation to family members of the deceased.

Wrongful Death Law in GA: Criminal cases do not preclude pursuit of a civil case

If you lost a loved one as a result of a crime, it is important to understand that a criminal case does not mean you cannot pursue a separate civil action.  Criminals often face both criminal and civil court cases as a result of their violent actions.  The following key points will help you understand what to expect in this type of case:

• Generally, both cases cannot occur simultaneously, and the criminal case is addressed first.  Once a verdict is handed down, the wrongful death civil case can be filed.
• Once filed, a wrongful death law suit can follow a number of different paths based on the decision of the surviving family members.  The family may decide to file an insurance claim for their loss, settle out of court, or file GA wrongful death lawsuit.
• Wrongful death law in GA does not automatically consider the criminal verdict in a civil case.  As some very famous cases illustrate, a not guilty verdict in criminal court plays little or no role in the civil wrongful death case.  As a result, even a freed individual may have to pay significant compensation to survivors if the wrongful death jury finds him or her to be guilty of the crime.

A GA wrongful death law attorney helps ensure the best outcome for your case

Particularly when a criminal case has been filed against the person responsible for the death of your loved one, you should seek the assistance of an experienced GA wrongful death lawyer. A skilled wrongful death lawyer has the in-depth understanding of all available options for your case and can advise you and help you obtain the best possible outcome.

For an honest, compassionate wrongful death attorney in GA who can assist you with your wrongful death matter, contact the Law Office of Jonathan W. Johnson, LLC today to schedule a free initial consultation.