Can a wrongful death case be based on a criminal charge?

Yes, a wrongful death case can be based on a criminal charge in New York. The statute of limitations in New York for wrongful death is two years. This means that a wrongful death action must be brought within two years of the date of the injury, or death, of the deceased individual. Wrongful death claims are civil actions brought by family members of the deceased person against the alleged negligent party. Under the wrongful death law in New York, family members can recover damages for the loss of the deceased person’s life, including medical expenses, funeral costs, loss of income, and emotional pain and suffering. If a criminal charge was involved in the death, the wrongful death case could be based on the criminal charge. This is because civil and criminal cases differ in the burden of proof required. In criminal cases, the prosecutor must prove that the accused person is guilty beyond a reasonable doubt, while in civil cases, the plaintiff need only prove that it is more likely than not that the defendant is responsible for the wrongful death. In some cases, if the accused is found guilty, the family may also receive damages through the criminal case. This is known as a “restitution order” and must be approved by the court. In addition, even if the accused is found not guilty of a crime, the wrongful death case can still proceed based on the burden of proof in civil cases.

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Can a wrongful death case be based on a criminal charge?

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