Wrongful death claims are civil actions, which generally do not result in incarceration or other criminal penalties. In a wrongful death action, you are restricted to seeking financial compensation for your losses as a result of your loved one’s death. While a person who is found to be responsible or liable for another person’s death due to his or her actions can face extensive financial repercussions, he or she will not face incarcerate, no matter that he or she caused another person’s death.
On the other hand, there are sometimes criminal prosecutions arising out of an accident that resulted in another person’s death. One common example is a drunk driving crash that causes another driver’s death. The drunk driver is likely to be found liable for the death in the context of a wrongful death action. However, it is also likely that the drunk driver will be charged with a crime. The circumstances surrounding the driver’s behavior and the ensuing accident will determine the severity of the crime charged. Assuming that the crime is fairly serious, since it involved another’s death, then he or she may very well face significant amounts of jail or prison time, depending on the sentence that he or she receives from the judge or jury.
As this post indicates, there are a number of different outcomes that can result from a wrongful death case, some of which carry civil penalties, and some of which carry criminal repercussions. While a civil action is not contingent on a criminal action, or vice versa, they definitely do intersect. For example, a criminal conviction is much more likely if an individual has already admitted to liability in a civil wrongful death case. Likewise, a criminal conviction can provide important evidence and findings that can help support a wrongful death claim. The essential distinction between the two types of claims relates to the potential consequences that an accused individual may suffer.
If your loved one was killed due to the negligence of another driver or another individual, then you and his or her other family members may have a civil cause of action for wrongful death. For more information about how to properly handle your wrongful death claim, contact the Wisconsin wrongful death lawyers of Boller & Vaughan today.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.