Q: Is a wrongful death case the same as a murder case?
A:
No, a wrongful death case is not the same as a murder case. A wrongful death case is a civil suit seeking damages (money) and is typically brought by a family member of the person who lost their life. A wrongful death case does not carry criminal penalties with it. On the other hand, a murder case is brought by the state of Texas and involves potential criminal penalties.
The types of proof required in the cases are also very different. In a wrongful death case, the plaintiff must prove the defendants fault by a preponderance of the evidence. In a murder case, the state must prove guilt beyond a reasonable doubt (a much tougher standard).
A: If you think you have one, contact a member of the Texas Trial Lawyers Assn as there may be other aspects that need to be looked at that the DA doesn't need to look at.
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