Wrongful Death in Kansas City: Is it a criminal or civil matter?

Wrongful death occurs when a person or entity negligently or intentionally causes the death of another person. Murder is the unlawful killing of another human being without justification or excuse. When a person is killed because the wrongful act or negligence of another person, is it a criminal matter or a civil matter?

Depending on the circumstances, a death can be both a wrongful death in which the responsible party is liable for civil damages and a murder in which the killer faces criminal charges.

In a wrongful death case, the family members of the deceased file a wrongful death lawsuit in civil court in order to recover monetary damages for the loss of their loved one. They are eligible to recover pecuniary damages such as medical and funeral expenses, lost earnings, care, and financial support. They also may pursue punitive damages – damages that are intended to punish the wrongful behavior that caused the death.

In a criminal murder case, the government prosecutes the defendant. The case is tried in criminal court. If found guilty, the defendant usually faces jail or prison time.

When a death is both a wrongful death and a murder, the criminal case is usually tried first. Then the civil case proceeds. It is possible for the cases to have different outcomes. In a civil case, the defendant must be shown to be more likely than not likely to have caused the death through negligence or a wrongful act. In a criminal case, the defendant must be found guilty of killing the victim beyond a reasonable doubt. It is possible for a defendant to be found negligent in civil court, but to be declared not guilty in criminal court.

If you have lost a loved one due to the acts of another, you may be confused about your rights. Contact the Kansas City wrongful death attorneys at Kansas City Accident Injury Attorneys. We can answer your questions and help you determine if you have a Missouri or Kansas wrongful death case.

Just Ask

Kansas City Accident Injury Attorneys
1102 Grand Blvd., Ste 1901
Kansas City, MO 64106
Phone: 816-471-5111
Toll Free: 888-348-2616
Get Directions

Kansas City Accident Injury Attorneys*
11900 College Boulevard, Suite 300
Overland Park, KS 66210
*By Appointment Only: Heather A. Lottmann & Victor B. Finkelstein

Free Consumer Guides

Video

Wrongful Death and Bankruptcy

What is Meant by the Term Wrongful Death

View All

Contact Us

Kansas City Accident Injury Attorneys
1102 Grand Blvd., Ste 1901
Kansas City, MO 64106
Phone: 816-471-5111
Toll Free: 888-348-2616
Get Directions

Read Important DISCLAIMER