What’s the Difference Between Wrongful Death and Manslaughter?

Losing a loved one is one of the most heartbreaking experiences in anyone’s life. Sometimes, you can lose them due to the reckless, negligent, or intentional acts of another person.

When that happens, the pain is often magnified. In these situations, you might hear the terms wrongful death or manslaughter. But what’s the difference between wrongful death and manslaughter?

While both involve a loss of life, they serve entirely different purposes within Mississippi’s legal system. Let’s break down the differences and see how they can affect your case.

What Is Wrongful Death?

Wrongful death is a type of lawsuit that allows the family of someone who has passed away to seek financial compensation. Many times, this happens when the death is caused by another person’s negligence, recklessness, or intentional actions.

In Mississippi, these claims are civil cases. These legal actions allow the family members to seek justice and financial support from the responsible person.

One example of this would be a scenario where someone dies in a car accident caused by a drunk driver. The family can file a lawsuit to recover costs for funeral expenses, medical bills, lost income, and even emotional pain and suffering. The goal is to provide some financial relief and accountability.

These cases are decided based on a preponderance of the evidence. That means the family only needs to show that it is more likely than not that the defendant’s actions led to the death.

This is a much lower standard than in criminal cases.

What Is Manslaughter?

On the other hand, manslaughter is a felony under Mississippi Code Section 97-3-35. That occurs when someone unlawfully kills someone without malice or premeditation. This crime falls into two main categories:

• Voluntary manslaughter: This happens when someone kills another person in the heat of the moment. For example, if two people get into a heated argument and one fatally attacks the other, it could be considered voluntary manslaughter.
• Involuntary manslaughter: This occurs when someone’s careless or reckless behavior unintentionally leads to someone else’s death. For example, a fatal car accident is caused by texting while driving or driving at excessive speeds.

Since manslaughter is a criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is a higher burden of proof than in civil cases. The defendant can face serious penalties, including prison time and fines, if convicted.

Can a Single Incident Lead to Both?

Yes. There are several examples where a defendant can face both a civil wrongful death claim and criminal charges for manslaughter. For example, if someone causes a fatal car accident while driving under the influence, they may face criminal charges.

At the same time, the victim’s family can file a wrongful death lawsuit to seek financial compensation. These are separate cases, handled in different courts, with different standards of proof and results.

Keep in mind that even if the person is found not guilty of manslaughter in criminal court, they could still lose a wrongful death case. Why? Since the burden of proof is lower in civil cases, a jury might find enough evidence to award damages to the family, even if it was not enough to convict in criminal court.

Mississippi Laws

Mississippi has specific rules when it comes to both wrongful death and manslaughter:

Wrongful Death

The law allows the deceased person’s spouse, children, parents, or siblings to file a wrongful death claim. The statute of limitations is three years from the date of death. However, some exceptions may apply, such as in cases involving medical malpractice.

Manslaughter

The penalties for manslaughter in Mississippi vary depending on the circumstances. Voluntary manslaughter can carry prison time, while involuntary manslaughter often results in less severe sentences but still has serious consequences.

Why You Need to Know the Difference

If you’ve lost a loved one due to someone else’s actions, knowing the difference between wrongful death and manslaughter can help you understand your options. A wrongful death lawsuit may provide financial relief to cover the costs of the tragedy. Along with that, it can offer a sense of justice, even if the responsible person isn’t convicted of a crime.

On the other hand, a manslaughter conviction ensures accountability and warns others about the consequences of reckless or impulsive behavior. With a conviction, you can also feel that some type of justice was reached in the loss of your loved one.

Find Options for Your Situation

When it comes time to start a legal case involving the loss of a loved one, it can be overwhelming, especially during such an emotional time. Whether seeking financial relief, justice, or both, having experienced legal guidance can make this difficult journey a little easier.

If you are searching for a law firm that can help during this time, Pittman, Roberts & Welsh, PLLC, is ready to help.