[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/difference-civil-and-criminal-death\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/difference-civil-and-criminal-death\/","headline":"What Is the Difference Between the Civil and Criminal Cases Brought Regarding Someone’s Death?","name":"What Is the Difference Between the Civil and Criminal Cases Brought Regarding Someone’s Death?","description":"When someone you love dies as the result of another party\u2019s negligence or intentional wrongdoing, you and other surviving members of the family could be eligible to file a wrongful death lawsuit to get answers and recover the compensation necessary to help with the process of grieving and moving on. While they are separate legal… Continue reading What Is the Difference Between the Civil and Criminal Cases Brought Regarding Someone’s Death?<\/span><\/a>","datePublished":"2022-01-05","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/butler\/#Person","name":"Jeb Butler","url":"https:\/\/butlerfirm.com\/blog\/author\/butler\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2022\/01\/crying-mother.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2022\/01\/crying-mother.jpg","height":666,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/difference-civil-and-criminal-death\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=9yaRu6P45G4#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=9yaRu6P45G4","name":"Lawyer Explains Civil v. Criminal Cases","description":"In this video, Jeb Butler of the Butler Law Firm explains the difference between civil and criminal cases. Many criminal cases can also be tried in civil court and are eligible for compensation.\n\nOur firm handles many different civil cases, including personal injury cases. If you believe that you have a civil case in Georgia, please call us at (678)940-1444 or visit our website at https:\/\/butlerfirm.com\/\n\nWe Have Four Locations to Serve You \n\nAtlanta, GA \nButler Law Firm \n10 Lenox Pointe \nAtlanta, GA 30324 \nhttps:\/\/butlerfirm.com\/ \n--------\nLawrenceville, GA \nButler Law Firm \n154 Stone Mountain Street, Suite 250 \nLawrenceville, GA 30045 \nhttps:\/\/butlerfirm.com\/lawrenceville-injury-lawyers\/ \n-------- \nRoswell, GA \nButler Law Firm \n1255 Canton Street, Suite E \nRoswell, GA 30075 \nhttps:\/\/butlerfirm.com\/roswell-injury-lawyers\/ \n-------- \nJonesboro, GA \nButler Law Firm \n21 Lee Street, Suite 250 \nJonesboro, GA 30236 \nhttps:\/\/butlerfirm.com\/jonesboro-injury-lawyers\/ \n------- \nJOIN US ON SOCIAL MEDIA\nFACEBOOK LINK: https:\/\/www.facebook.com\/butlerfirmllc \nTWITTER LINK: https:\/\/twitter.com\/Butler_Firm \nINSTAGRAM LINK: https:\/\/www.instagram.com\/butler_law_firm\/ \nLINKEDIN LINK: https:\/\/www.linkedin.com\/company\/butlerfirm\/ \n\nSEE OUR REVIEWS \nGOOGLE REVIEWS: https:\/\/search.google.com\/local\/writereview?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ FACEBOOK REVIEWS: \nhttps:\/\/www.facebook.com\/butlerfirmllc\/reviews\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/9yaRu6P45G4\/default.jpg","https:\/\/i.ytimg.com\/vi\/9yaRu6P45G4\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/9yaRu6P45G4\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/9yaRu6P45G4\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/9yaRu6P45G4\/maxresdefault.jpg"],"uploadDate":"2021-04-01T21:28:48+00:00","duration":"PT1M46S","embedUrl":"https:\/\/www.youtube.com\/embed\/9yaRu6P45G4","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=9yaRu6P45G4#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=9yaRu6P45G4#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=9yaRu6P45G4&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=9yaRu6P45G4#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":32059}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=9yaRu6P45G4#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":351}]},"about":["Wrongful Death"],"wordCount":1089,"articleBody":"When someone you love dies as the result of another party\u2019s negligence or intentional wrongdoing, you and other surviving members of the family could be eligible to file a wrongful death lawsuit to get answers and recover the compensation necessary to help with the process of grieving and moving on. While they are separate legal actions, some civil wrongful death lawsuits accompany a criminal case. It\u2019s essential to understand the distinctions between the two.In a criminal case, government prosecutors seek to hold individuals responsible for actions that violate the law. In a civil suit, a private individual, group, or organization seeks financial compensation for the injuries they suffered, losses they incurred, or violations of their rights.At Butler Kahn, our Atlanta wrongful death lawyers are committed to helping families seek justice and gain the closure they deserve after someone\u2019s untimely death due to someone else\u2019s negligence. Contact our firm when you are ready to discuss your situation in detail during a free and confidential consultation. What Is the Difference Between Civil Cases and Criminal Cases?Several critical distinctions between a civil case and a criminal case regarding someone\u2019s death include:Different bodies of law \u2013 In a criminal homicide case, prosecutors must demonstrate that a defendant violated a specific law and killed someone due to a criminal act. However, plaintiffs only need to show that the defendant\u2019s negligence or unlawful actions contributed to the victim\u2019s death in a civil wrongful death case.Who files the case \u2013 Criminal homicide cases are filed on behalf of the government, with prosecuting attorneys handling the legal process of pursuing criminal charges in court. Civil wrongful death cases are private matters, typically filed by members of the family of the deceased.Different burdens of proof \u2013 In a criminal case, prosecutors must prove to a criminal court jury that the defendant is guilty of the crime \u201cbeyond a reasonable doubt.\u201d That means even a slight possibility that the defendant did not commit the crime could result in a \u201cnot guilty\u201d verdict. On the other hand, in a civil suit, plaintiffs only need to prove that the defendant is liable based on a \u201cpreponderance of the evidence.\u201d That simply means the defendant is more likely than not responsible for the death.Penalties for liability \u2013 If a defendant is found guilty in a criminal case, they face penalties such as fines, probation, and jail time. If a defendant is held liable in a civil case, on the other hand, they will typically be ordered to pay a monetary settlement to the plaintiff.Some situations can serve as grounds for both criminal and civil cases. For example, an intoxicated driver who crashes and kills another road user may face criminal DUI and manslaughter charges in addition to liability in a civil wrongful death case.Can You Win a Civil Wrongful Death Claim If There\u2019s No Conviction?Yes. The outcome of a criminal homicide case does not directly affect the outcome of a civil wrongful death case. It is possible to win compensation through a wrongful death lawsuit even if a related criminal case results in a dismissal, a mistrial, or a verdict of \u201cnot guilty.\u201d A civil wrongful death may succeed even if the state never criminally charges the at-fault party.A criminal case requires a much higher standard of burden of proof than a wrongful death case. Therefore, even if the available evidence was not enough to convict a defendant of criminal wrongdoing, it may be enough to hold them liable in a wrongful death lawsuit.Does a Criminal Conviction Automatically Mean Civil Liability?No. A criminal conviction alone is not enough to establish liability in a civil wrongful death case. Even if the available evidence was enough to convict the defendant of criminal wrongdoing beyond a reasonable doubt, you are still required to prove the defendant\u2019s liability separately to win a civil case.Several significant differences between the two preclude a direct translation from criminal conviction to civil liability. The parties involved in a civil dispute are significantly different, as are the standards of proof, procedures for submitting evidence, and consequences for the defendant.Who Can File a Wrongful Death Case in Georgia?When a person dies as the result of another party\u2019s wrongful act, they no longer have the ability to file a legal claim themselves. Someone else must file a wrongful death claim on their behalf to recover fair compensation and hold the at-fault party accountable for their negligence.Under Georgia law, only specific individuals have the right to file a civil wrongful death claim. If a spouse survives the deceased, only the surviving spouse can bring the wrongful death claim. If the person dies without a living spouse, the surviving children become eligible.If a person dies without leaving behind a surviving spouse or children, surviving parents can file a wrongful death claim. Finally, if the person died with no surviving spouse, children, or parents, the court can appoint an administrator to file a wrongful death claim on behalf of the deceased\u2019s estate. No other family members, including siblings, grandparents, or cousins, are eligible.How Can a Lawyer Help You File a Case?Losing a loved one is a painful experience. In the aftermath of your loss, it can be difficult just to make it through each day, let alone manage the intricacies of a legal claim. A trusted lawyer can make the process of filing your wrongful death case as painless as possible by:Explaining your legal options and assessing the full extent of your losses.Conducting an independent investigation into the circumstances surrounding your loved one\u2019s death to uncover critical supporting evidence.Working with expert witnesses such as physicians and accident reconstruction specialists who can provide professional insight into the causes of death.Communicating with third parties such as insurance companies and other attorneys on your behalf.Managing the administrative aspects of your case, such as completing paperwork, filing legal petitions, and keeping an eye on legal deadlines.Representing you in court to stand up for your rights and argue forcefully for a favorable outcome.Contact a Georgia Wrongful Death Lawyer TodayWhen you contact us, the Atlanta wrongful death attorneys at the Butler Kahn will be ready to support you and your family during this time of grief and mourning. We know you are dealing with an incomprehensible loss, and you deserve to have supportive and knowledgeable legal counsel by your side as you work to move forward.{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What Is the Difference Between Civil Cases and Criminal Cases?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Several critical distinctions between a civil case and a criminal case regarding someone\u2019s death include:\\n\\n* Different bodies of law \u2013 In a criminal homicide case, prosecutors must demonstrate that a defendant violated a specific law and killed someone due to a criminal act. However, plaintiffs only need to show that the defendant\u2019s negligence or unlawful actions contributed to the victim\u2019s death in a civil wrongful death case.\\n* Who files the case \u2013 Criminal homicide cases are filed on behalf of the government, with prosecuting attorneys handling the legal process of pursuing criminal charges in court. Civil wrongful death cases are private matters, typically filed by members of the family of the deceased.\\n* Different burdens of proof \u2013 In a criminal case, prosecutors must prove to a criminal court jury that the defendant is guilty of the crime \u201cbeyond a reasonable doubt.\u201d That means even a slight possibility that the defendant did not commit the crime could result in a \u201cnot guilty\u201d verdict. On the other hand, in a civil suit, plaintiffs only need to prove that the defendant is liable based on a \u201cpreponderance of the evidence.\u201d That simply means the defendant is more likely than not responsible for the death.\\n* Penalties for liability \u2013 If a defendant is found guilty in a criminal case, they face penalties such as fines, probation, and jail time. If a defendant is held liable in a civil case, on the other hand, they will typically be ordered to pay a monetary settlement to the plaintiff.\\n\\nSome situations can serve as grounds for both criminal and civil cases. For example, an intoxicated driver who crashes and kills another road user may face criminal DUI and manslaughter charges in addition to liability in a civil wrongful death case.\"}},{\"@type\":\"Question\",\"name\":\"How Can a Lawyer Help You File a Case?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Losing a loved one is a painful experience. In the aftermath of your loss, it can be difficult just to make it through each day, let alone manage the intricacies of a legal claim. A trusted lawyer can make the process of filing your wrongful death case as painless as possible by:\\n\\n* Explaining your legal options and assessing the full extent of your losses.\\n* Conducting an independent investigation into the circumstances surrounding your loved one\u2019s death to uncover critical supporting evidence.\\n* Working with expert witnesses such as physicians and accident reconstruction specialists who can provide professional insight into the causes of death.\\n* Communicating with third parties such as insurance companies and other attorneys on your behalf.\\n* Managing the administrative aspects of your case, such as completing paperwork, filing legal petitions, and keeping an eye on legal deadlines.\\n* Representing you in court to stand up for your rights and argue forcefully for a favorable outcome.\"}}]}"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Is the Difference Between the Civil and Criminal Cases Brought Regarding Someone’s Death?","item":"https:\/\/butlerfirm.com\/blog\/difference-civil-and-criminal-death\/#breadcrumbitem"}]}]