Understanding the Difference Between Civil and Criminal Cases in Florida Wrongful Death Matters
When a loved one’s death is caused by another person’s negligence, recklessness, or intentional act, families in Florida often want justice. That justice can come in two separate legal forms — a civil wrongful death claim and a criminal prosecution. Although both may arise from the same event, such as a fatal car accident or medical error, they serve very different purposes under Florida law.
1. Purpose of Each Case
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Wrongful Death Claim (Civil Case):
A wrongful death lawsuit seeks financial compensation for the survivors’ losses. This includes medical bills, funeral expenses, loss of companionship, and future income the deceased would have provided. It’s about accountability and helping the family recover financially. -
Criminal Case:
A criminal case, filed by the State of Florida, seeks to punish the wrongdoer for violating criminal laws — not to compensate the family. Penalties may include jail time, probation, or fines. The victim’s family may participate as witnesses but are not the ones bringing the case.
2. Who Brings the Case
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Wrongful Death Claim: Filed by the personal representative of the deceased’s estate on behalf of surviving family members, under Florida Statutes §768.19–768.21.
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Criminal Case: Filed by a state prosecutor (State Attorney) after law enforcement investigates and finds probable cause.
3. Burden of Proof
The standard of proof is one of the biggest differences:
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Civil Case: The plaintiff must prove the defendant’s liability by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant’s actions caused the death.
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Criminal Case: The prosecutor must prove guilt “beyond a reasonable doubt,” which is a much higher standard because the defendant’s freedom is at stake.
4. Possible Outcomes
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Wrongful Death Claim: If successful, the court may order the defendant (or their insurance company) to pay monetary damages.
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Criminal Case: The defendant may face conviction, imprisonment, probation, or fines. Even if acquitted in criminal court, the defendant can still be held liable in a civil wrongful death case.
A famous example of this distinction is the O.J. Simpson case — acquitted criminally but later found liable for wrongful death in civil court.
5. How the Two Cases Can Interact
A criminal case and a wrongful death claim can happen at the same time or one after the other. Sometimes, a criminal conviction can strengthen a civil wrongful death case. Other times, families pursue a civil case even if prosecutors choose not to file criminal charges.
In Florida, it’s common for civil wrongful death attorneys to monitor the progress of related criminal cases to ensure that evidence, testimony, and findings are preserved for use in the civil lawsuit.
6. Why Families Pursue Civil Justice
Even if the criminal system doesn’t deliver the outcome a family hopes for, a wrongful death claim can still provide a sense of justice and closure. The civil system gives families control — they can choose to hold hospitals, corporations, drivers, or others accountable for their negligence.
Final Thoughts
Both criminal and civil cases play important roles after a wrongful death in Florida. The criminal case punishes the wrongdoer, while the wrongful death claim compensates the family. Understanding these differences can help you make informed decisions about your next steps.
If you lost a loved one due to someone else’s negligence, speak with a Florida wrongful death attorney as soon as possible to protect your rights and pursue the justice your family deserves.
Contact Florida Wrongful Death Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
