Every year, countless families endure the unimaginable: the loss of a loved one due to someone else’s actions or negligence. It’s a tragedy that not only brings profound grief but also raises deeply personal and complex questions about accountability and justice. Among these questions, one often arises: Is wrongful death a felony? At Cooper Elliott, we believe families deserve clarity during such difficult times. We’re here to help you make sense of the legal landscape, understand your rights, and explore your options in pursuing justice for a wrongful death case.
What Is Wrongful Death?
Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Examples of wrongful death can include fatal car crashes caused by a drunk driver, medical malpractice that leads to a patient’s death, or even fatalities from unsafe working conditions. While no amount of money can bring your loved one back, pursuing a wrongful death claim can help you seek justice and hold the responsible party accountable. This process takes place in civil court, where our goal is to secure damages for families to help cover medical expenses, funeral costs, and the loss of companionship.
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Is Wrongful Death a Criminal Offense?
A common question many families have is, “Is wrongful death considered a felony?” The answer is no—wrongful death is classified as a civil matter, not a criminal one. This distinction is crucial because it means that wrongful death claims are handled in civil court. In these cases, our focus is on obtaining justice and financial recovery for grieving families rather than seeking criminal penalties against the responsible party. While the state may file separate criminal charges related to the incident, our role is to support families through the civil process and help them find the closure they deserve.
Wrongful Death vs. Homicide: What’s the Difference?
It’s important to differentiate between wrongful death claims and homicide cases. Here’s a straightforward comparison to clarify:
In a Wrongful Death Case
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Civil Court: Families initiate the claim in civil court, which deals with private disputes.
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Focus on Compensation: The primary goal is to secure financial compensation for the loss of life and the resulting hardships. Even though money can never truly make up for the loss of a loved one, this is the only remedy that our civil laws allow.
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Proving Responsibility: In civil cases, we must demonstrate that it is more likely than not that the defendant is responsible for the death, known as the “preponderance of evidence” standard.
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Support for Families: Our aim is to provide compassionate support to families as they seek healing and justice for their loved ones. We take on the burden of navigating the civil justice system and proving the case so that our clients can focus on their healing journey.
In a Homicide Case
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Criminal Court: The state brings the case in criminal court, where the focus is on public safety and law enforcement.
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Focus on Punishment: The goal here is to punish the offender, which can lead to significant penalties such as imprisonment or fines.
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Higher Standard of Proof: In criminal cases, prosecutors must prove the defendant’s guilt beyond a reasonable doubt, which is a much stricter standard than in civil cases. That’s one reason why sometimes even though the act that killed a person might fit the definition of a crime, a prosecutor might not bring criminal charges.
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Possible Jail Time: If found guilty, the offender may face jail time or other criminal consequences, reflecting the serious nature of the offense.
Although wrongful death is not a felony because it is not a criminal charge, this does not mean that there cannot be a criminal charge attached to the case if it is deemed relevant.
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Can Someone Go to Jail for Wrongful Death?
Another frequently asked question is whether someone can face jail time for wrongful death. In a wrongful death case, the straightforward answer is no; a civil wrongful death claim cannot lead to jail time by itself. However, if the circumstances of the death involve criminal conduct—such as reckless driving or intentional harm—then the responsible party may face criminal charges that could result in jail time. While our focus is on helping you pursue civil justice, it’s essential to recognize that any criminal prosecution is handled separately by the state.
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Who Can File a Wrongful Death Claim?
In Ohio, only the personal representative of the deceased person’s estate can file a wrongful death claim. An estate isn’t just for distributing property; it’s the name for the legal vehicle to deal with any of a deceased person’s affairs, including a wrongful death claim. The estate representative is typically appointed through the probate court and can seek justice on behalf of the following individuals:
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Spouses: A surviving spouse has the right to seek compensation for their loss.
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Children: Minor and adult children (whether natural born or adopted) can also be beneficiaries in a wrongful death claim.
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Parents: In cases where the deceased person’s parents are still alive, the parents are wrongful death beneficiaries too.
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Other Dependent or Close Family Members: Close relatives who were financially dependent on the deceased or who had special relationships with them may also have the right to file a claim.
When compensation is awarded, it is distributed among the beneficiaries according to Ohio law and the court’s assessment of each person’s losses. This may include considerations for lost income, emotional suffering, and funeral expenses.
A wrongful death claim is about the economic and emotional harms the deceased person’s family suffers from their death. On top of that, if the person had conscious pain or suffering between the injury and death, Ohio law recognizes a “survivorship” claim for the deceased person’s own injuries. For example, if a person was paralyzed in a car crash and survived for some time before dying from their injuries, the estate representative can bring a survivorship claim along with the wrongful death claim.
Finding Support During Difficult Times
Dealing with the loss of a loved one is a heavy burden, especially when legal matters are involved. At Cooper Elliott, we are dedicated to guiding families through this challenging process with compassion and understanding. Our experienced team is here to help you navigate the legal system and fight for the justice and support your family deserves during this trying time.
If you are seeking assistance with a wrongful death claim or just have questions about whether you might have one, reach out to us at Cooper Elliott. We are committed to helping you pursue the justice and compensation that can bring some peace to your family as you navigate this difficult journey.
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