Is A Wrongful Death Also A Criminal Homicide?

For those who aren’t familiar with the law, it can seem like a death that shouldn’t have happened should be a criminal case. However, that’s not always the case. Even when it is, a wrongful death suit isn’t the same kind of case as a criminal homicide charge would be. Wrongful death suits are part of the civil side of the law. Criminal homicide is on the criminal side. A defendant who loses a wrongful death suit will be held financially liable but won’t be punished criminally with a sentence like jail time, for example. In some cases, a death might be wrongful but not rise to the level of criminality.

In some cases, a defendant can be charged criminally and also sued for wrongful death. In other cases, criminal charges may not be brought, but a wrongful death lawsuit can still be filed. Criminal and civil cases have different standards for guilt to be established. In a criminal case, prosecutors must establish guilt “beyond a reasonable doubt” for a defendant to be found guilty. In a wrongful death suit, if a “preponderance of the evidence” establishes that the defendant is liable, they can be held liable for damages. So even in cases where there isn’t cause to bring a criminal charge or where a prosecutor doesn’t believe they can get a conviction on a criminal charge, a civil wrongful death lawsuit is still possible.

Who Can Bring a Wrongful Death Suit?

To bring a wrongful death lawsuit, a person must have standing. To have standing to bring a case usually means that the person is affected or harmed enough by the issue in question to qualify as an appropriate person to bring the case in the eyes of the court. Who has standing when it comes to wrongful death lawsuits? Florida is different from some states; it requires that the deceased person’s personal representative files the wrongful death case. The personal representative is sometimes known as the executor – as in, the executor of the deceased person’s will.

According to NOLO, Florida’s rules about who can be a personal representative include:

• Must be 18
• Must not be judged incapacitated by a court
• Must not have a felony conviction

A person could appoint a corporation, such as a bank, as a personal representative, but it must be authorized to act as a fiduciary in Florida. Out-of-state personal representatives have to be related to the deceased by blood, marriage, or adoption. If the deceased person didn’t have a will naming a personal representative when they died, the court can appoint someone. This is usually a spouse if they have one, or the deceased’s adult children. It could be another relative or even a close friend if the deceased person didn’t have a spouse or children.

How Long Can I Wait To File a Wrongful Death Suit?

A wrongful death suit is like other types of personal injury cases in that it’s better not to wait longer than you have to. Over time, evidence can be lost and memories can fade, which makes it harder to gather the information necessary to win a wrongful death case. However, it’s not always possible to bring the case immediately. A death in the family creates a lot of different tasks and obligations, some more time-sensitive than others. Not to mention the difficulty of dealing with grief and loss. It’s understandable that a personal representative wouldn’t have a lawsuit at the top of their priority list immediately.

In most cases, people have up to two years of the date of the death to file a wrongful death suit. It’s important to keep that deadline in mind because the likelihood is that a suit filed after that deadline would simply be thrown out. However, there are a lot of exceptions which could actually shorten the typical two year limitations time period in Florida. Thus, this is a question that should be posed to a personal injury attorney who is familiar with the facts of your specific case, and you should not rely on general statements concerning the length of the statute of limitations for a wrongful death case in Florida.

Conclusion

Wrongful death is not the same as criminal homicide, but the two can overlap in some cases. To bring a successful wrongful death suit, it must be brought by the deceased person’s personal representative and filed within two years of the wrongful death. A personal injury attorney can assist with this.

Source:

• https://www.nolo.com/legal-encyclopedia/restrictions-who-can-serve-executor-florida.html

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".