What Is The Difference Between Wrongful Death and Murder?

How do you distinguish between the legal terms “murder” and “wrongful death?” Take a look at what each term means, and what case penalties can result in a civil or criminal action.

Wrongful death lawsuits are a civil action, usually brought forth by the estate or relatives of the deceased with the help of a wrongful death lawyer, and claim that the defendant is responsible for the deceased's death through a careless, deliberate, or negligent act.

Civil lawsuits carry a different burden of proof than criminal cases. In a civil suit, proof by 51% or more is considered acceptable.

Civil Lawsuits vs. Criminal Lawsuits
In criminal cases, burden of proof is escalated to "beyond a reasonable doubt," and the case itself is not filed by the individual's estate, but by the government. If convicted of murder, the individual will likely be incarcerated.

Murder and Wrongful Death - The OJ Simpson Case
OJ Simpson was first charged with first degree murder in California, where he was found not guilty by a jury. The criminal case was not filed by the family of Nicole Brown Simpson and Ron Goldman, but by the state. However, after the "not guilty" verdict, Ron Goldman and Nicole Brown Simpson's families filed a civil lawsuit.

OJ Simpson was found liable for battery against Nicole Brown Simpson and the wrongful death and battery of Ron Goldman in the civil suit. He was ordered to pay $33,500,000 in damages to both families.

If a loved one has been the victim of a wrongful death, contact a wrongful death lawyer in your area.