Wrongful Death vs. Criminal Charges in Canada
When a tragic loss occurs, the pursuit of justice becomes a paramount consideration for grieving families. In Canada, understanding the legal distinctions between wrongful death claims and criminal charges is crucial. This blog post aims to shed light on the nuanced differences between these legal processes, offering guidance to families navigating the complexities of seeking accountability for the untimely death of a loved one.
Wrongful Death Claims: Civil Pursuit of Accountability
Wrongful death claims in Canada fall under the umbrella of civil law. These claims are typically initiated by the surviving family members or the estate of the deceased, seeking compensation for the losses incurred as a result of the death. Wrongful death claims are focused on establishing negligence or a breach of duty that directly contributed to the fatal incident.
1. Legal Basis and Burden of Proof:
Wrongful death claims require the plaintiff (the party filing the claim) to prove, on a balance of probabilities, that the defendant’s actions or negligence caused the death. Unlike criminal cases, the burden of proof is less stringent, making it somewhat easier for families to pursue justice through a civil lawsuit.
2. Compensation and Damages:
The primary aim of a wrongful death claim is to seek financial compensation for the losses suffered by the surviving family members. This can include compensation for funeral expenses, loss of financial support, and the emotional trauma experienced by the family.
3. Defendant’s Liability:
In a wrongful death claim, the defendant may be an individual, a company, or an entity deemed responsible for the death. Liability is determined based on the alleged negligence or wrongful actions that led to the fatal incident.
Criminal Charges:
Criminal charges, on the other hand, are initiated against an individual accused of committing a criminal offence. The primary purpose of criminal charges is to punish wrongdoing and maintain societal order. In the context of a death, criminal charges may arise in cases of manslaughter, criminal negligence causing death, or homicide.
1. Legal Basis and Burden of Proof:
Criminal charges require the prosecution to prove the accused’s guilt beyond a reasonable doubt—a much higher burden of proof compared to wrongful death claims. The state must establish that the accused committed the alleged offense with the requisite criminal intent.
2. Punishment and Penalties:
If found guilty in a criminal trial, the accused may face penalties such as imprisonment, fines, or probation. The primary focus of criminal charges is punishment rather than compensating the victim’s family for their losses.
Navigating the Dual Process: Coexistence and Independence
Importantly, wrongful death claims and criminal charges can coexist independently. A defendant may face both a civil wrongful death claim and criminal charges simultaneously. The outcomes of one legal process do not dictate the results of the other, and the burden of proof, standards, and objectives remain distinct.
Understanding the legal distinctions between wrongful death claims and criminal charges is pivotal for families seeking justice after a tragic loss in Canada. While a criminal trial may hold an individual accountable for their actions through punishment, a wrongful death claim provides a parallel avenue for the family to seek financial compensation for their profound losses. Navigating these legal processes requires strategic legal counsel, empathy, and a commitment to honoring the memory of the departed by pursuing justice in all its forms.
Our team at Hilborn and Konduros can help navigate this challenging time and get your family the compensation you deserve. Reach out to us today.
