19 Jun THE DIFFERENCE BETWEEN WRONGFUL DEATH AND MANSLAUGHTER CASES
Posted By Gruenberg Kelly Della || 19-Jun-2019
Wrongful death and manslaughter cases both aim to hold offenders accountable for the death of a victim. Each of these types of legal action differ from murder, and often get confused as interchangeable terms, but the consideration of wrongful death and manslaughter as the same thing is inaccurate. Wrongful death and manslaughter differ in their definitions, and the results that can occur in both situations.
What Defines Manslaughter?
The term “manslaughter” is generally considered in the same vein of the law as murder cases, and is often misconstrued to include only accidental killings (such as in cases of vehicular manslaughter). Crimes of manslaughter can constitute cases of unintentional or intentional killing of another person. The difference between manslaughter and murder is “malice aforethought”: If the offender’s intent and premeditated plan in their actions was to kill, they would likely be charged with murder; if not, manslaughter may be a more appropriate charge.
Manslaughter is a criminal charge — the charge mainly differs from wrongful death because a person who is found guilty of manslaughter can face time in prison and other criminal punishments.
What is Considered a Case of Wrongful Death?
Wrongful death is a civil offense that is categorized as a type of personal injury incident. In cases of wrongful death, the killing of the victim was a direct result of negligence by another party.
Cases of wrongful death can also involve intentional malice, just like manslaughter. Again, the term “wrongful death,” by definition, is a civil case, whereas manslaughter is always a criminal charge. Wrongful death suits can coexist with criminal manslaughter charges, and are a way for the families of victims to receive additional compensation for their pain and suffering.
If someone you love was a victim of an incident that resulted in wrongful death, contact Gruenberg Kelly Della to schedule a free case evaluation. We represent victims of negligence on Long Island and around the state of New York.
Contact us online or call (888) 305-6372 to speak with our team of attorneys.