Are wrongful death cases handled in civil or criminal court?
In California, wrongful death cases are usually handled in civil court. This is because wrongful death cases are considered a type of civil lawsuit, in which one party (the plaintiff) brings a legal action against another party (the defendant) in order to seek financial compensation for damages. Wrongful death cases involve the plaintiff filing a lawsuit against the defendant, who is typically accused of some form of negligence or wrongful conduct that resulted in the death of their loved one. The plaintiff is seeking specific relief, such as damages from the defendant. In California, these cases are handled in civil court, as opposed to criminal court. In criminal court, the state is the one bringing the case and the defendant could face criminal penalties if found guilty. In civil court, however, the individual or their family is the one bringing the lawsuit and is seeking financial compensation from the defendant in the form of damages. Wrongful death cases may also be appealed to higher courts, such as the Court of Appeals or even the Supreme Court. The higher court may reverse the decision made by the lower court and either grant the plaintiff’s case or decide in favor of the defendant. Overall, wrongful death cases in California are usually handled in civil court. This means that the individual or their family is the one bringing the lawsuit against the defendant and is seeking damages, as opposed to criminal court in which the state brings the case and the defendant can face criminal consequences.
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