Are wrongful death cases handled in civil or criminal court?

Wrongful death cases are typically handled in civil court. In New York, a wrongful death is defined as a death caused by negligence or wrongful act of another person or entity. Wrongful death cases are brought by the next of kin or personal representative of the deceased person, and typically seek to recover damages for the loss of financial support, guidance and companionship. Criminal cases, on the other hand, are typically brought by the state on behalf of the public. These cases are usually brought when an individual has violated a criminal law or statute. In a criminal case, the state is seeking to punish the defendant for their actions, and the defendant does not typically receive any financial benefit from the outcome. In some cases, a civil wrongful death case and criminal case may take place after one another. For example, if a death is caused by a drunk driver, a criminal case against the driver may be filed and the driver may face jail time. In addition, the family of the deceased may sue the driver in a wrongful death civil suit, seeking restitution for their loss. In this instance, the criminal case would have to be adjudicated before the wrongful death case can proceed.

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Are wrongful death cases handled in civil or criminal court?

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