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.