HOW DOES CRIMINAL PROSECUTION DIFFER FROM A CIVIL LAWSUIT IN WRONGFUL DEATH CASES?

The person who files the wrongful death case must be appointed by the probate court. This is called the “personal representative or Plaintiff.” This person is usually a close relative of the victim, such as a parent, child, or spouse.  Occasionally, the court will appoint a trustee or administrator. Note that a civil lawsuit is different from a criminal prosecution, where the State (through a prosecuting attorney) brings charges. Often the criminal case and wrongful death civil case proceed at the same time and are structurally very similar.

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