A wrongful death claim is a civil lawsuit brought by the personal representative of the family member’s estate. To become the representative of the estate you must be a descendant, spouse, parent, or extended family member appointed by the court. With the guidance of wrongful death lawyers, your attorney will help you in the process of becoming an estate representative and seek monetary compensation from the at-fault party. A judgment in a civil case will not result in a criminal conviction or the consequences that come with one.
In the alternative, it’s up to the Commonwealth’s Attorney to bring a criminal charge against the at-fault party. While they might consult with the victim’s family before doing so, the decision is ultimately with the state. Unlike a civil claim, a conviction for a criminal offense can result in jail time and fines.