The Difference Between Wrongful Death and Criminal Homicide
When a loved one dies due to the actions of another, the emotional and legal consequences can be overwhelming.
In Florida, two terms emerge when a death involves questionable circumstances: wrongful death and criminal homicide. Although both involve the loss of life, understanding the critical differences between these two legal concepts can greatly impact the pursuit of justice and compensation for surviving family members.
At the Law Offices of Joseph M. Dobkin, our wrongful death attorney in Florida provides the support and representation you need to secure justice for your family after your loved one’s wrongful death.
What Is Wrongful Death?
Wrongful death is a civil legal claim brought by the surviving family members or estate of a deceased person. It arises when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. The purpose of a wrongful death lawsuit is to seek financial compensation for the losses suffered by the survivors.
Common examples of wrongful death include:
- Fatal Car Accident
- Medical Malpractice
- Defective Products
- Negligent Security
What Is Criminal Homicide?
Criminal homicide, on the other hand, is a criminal charge brought by the government against an individual accused of unlawfully causing another person’s death. The goal of a criminal prosecution is to punish the offender and protect the public.
Types of criminal homicide include:
- Murder
- Manslaughter
Can Both Apply Simultaneously to a Single Case?
Not necessarily simultaneous, but a single death can result in both a criminal prosecution and a civil wrongful death lawsuit. A well-known example is the O.J. Simpson Case: he was acquitted in the criminal trial for murder but was later found liable in a wrongful death civil lawsuit.
Florida’s Statute of Limitations
Florida law dictates strict timelines for filing wrongful death claims. Survivors typically have 2 years from the date of the deceased’s passing to initiate a lawsuit, highlighting the urgency of consulting an attorney promptly.
Criminal cases, in contrast, have statutes of limitations based on the severity of the crime. For example, murder charges have no statute of limitations, whereas lesser criminal homicide offenses, like manslaughter, typically have longer windows compared to wrongful death civil suits.
Why Hire an Attorney for a Wrongful Death Case?
While prosecutors focus on criminal charges, it is often up to the family to pursue a civil wrongful death claim in Florida. Pursuing a wrongful death claim involves complex legal procedures, detailed evidence gathering, and precise legal knowledge. It is crucial for surviving families to work with attorneys experienced in wrongful death cases to ensure their rights are fully protected and to maximize potential compensation.
With over 40 years of legal experience, Mr. Dobkin offers comprehensive legal support throughout every step of the wrongful death claim process, enabling grieving families to focus on healing and remembrance, knowing their legal matters are diligently handled.
Call the Law Offices of Joseph M. Dobkin today to schedule a consultation to discuss your legal options after someone’s death (305)661-7000.
