Wrongful death claims can be civil or criminal, depending on the circumstances. Civil lawsuits allow surviving family members to seek financial compensation for their loss. At the same time, criminal cases involve government prosecution when the death results from illegal actions such as manslaughter or homicide.
When negligence causes a fatality, families often pursue civil claims to recover damages, while prosecutors handle any related criminal charges independently. In Utah, wrongful death cases follow specific legal guidelines that determine who can file a claim and what compensation may be available.
Civil Wrongful Death Claims
A wrongful death lawsuit is a civil claim brought by the deceased’s surviving family members. In Utah, these claims aim to recover financial damages caused by the loss, including medical bills, funeral expenses, and income loss. Unlike criminal cases, civil lawsuits focus on compensating the family rather than punishing the responsible party.
To succeed in a civil wrongful death claim, the plaintiff must prove that the defendant’s actions directly caused the death. This often applies in cases involving:
- Car accidents caused by reckless or impaired drivers.
- Medical malpractice, including surgical errors or failure to diagnose.
- Workplace accidents due to unsafe conditions.
At Gordon Law Group, we help families pursue wrongful death claims and recover the compensation they deserve. Our firm ensures that every case is built with strong evidence and legal strategy to hold the responsible party accountable.
Criminal Charges in Wrongful Death Cases
Wrongful deaths that involve illegal activity—such as murder, manslaughter, or DUI-related fatalities—often result in criminal prosecution. The state files these charges to hold the defendant accountable under criminal law. If convicted, the responsible party may face penalties such as imprisonment, fines, or probation.
Unlike civil lawsuits, criminal cases do not provide financial compensation to the victim’s family. However, a conviction can support a separate civil claim by establishing liability. A Heber criminal defense attorney may represent individuals facing these charges, ensuring their rights are protected during legal proceedings. Explore our legal services by visiting our practice areas.
Differences Between Civil and Criminal Cases
Significant differences exist between civil wrongful death lawsuits and criminal prosecutions, including the burden of proof and potential outcomes.
- Burden of Proof: Civil cases require a “preponderance of the evidence,” meaning it must be more likely than not that the defendant caused the death. Criminal cases require proof “beyond a reasonable doubt,” a much higher standard.
- Penalties: Civil lawsuits result in financial compensation for the victim’s family, while criminal cases can lead to prison time or fines for the defendant.
- Who Files the Case: Civil claims are initiated by surviving family members or a representative of the deceased’s estate. Criminal charges are brought by the state or federal government.
A family law attorney in Heber can assist families in filing a civil wrongful death lawsuit while also working alongside prosecutors handling any related criminal case.
Who Can File a Wrongful Death Lawsuit in Utah?
Under Utah Code § 78B-3-106, the right to file a wrongful death claim is typically limited to close family members, including:
- The deceased’s spouse, children, or parents.
- The representative of the deceased’s estate.
- Other dependents in certain situations.
If a family member was lost due to negligence, legal action must be taken within the state’s two-year statute of limitations for wrongful death claims. A Heber Valley lawyer can help ensure all filing requirements are met before the deadline expires.
Pursuing Justice After a Wrongful Death
Wrongful death claims provide grieving families with a path to seek justice and financial relief. Whether pursuing a civil lawsuit or understanding related criminal proceedings, Gordon Law Group offers legal guidance tailored to your case. If your family has suffered a loss due to negligence, contact us today to discuss your options with our lawyer in Heber Valley.
