TL;DR: Wrongful death is a civil claim filed by the victim’s family to recover damages caused by negligence or misconduct, while homicide is a criminal case prosecuted by the state to punish the offender. Both can arise from the same act but serve different purposes including financial compensation versus criminal punishment.
Losing someone you love is never easy, especially when their death was caused by another person’s actions. In Georgia, such tragedies often lead to confusion about how the law handles them. Is it a wrongful death or a homicide? Can the family pursue both criminal and civil justice?
These are important questions, and understanding the difference can help families make informed decisions. While both wrongful death and homicide involve the loss of life caused by another’s conduct, the legal definitions, court procedures, and outcomes are entirely different.
In this guide, Georgia Wrongful Death Attorney P.C. explains what sets the two apart, how each case proceeds under Georgia law, and how families can seek justice in both the criminal and civil courts.
Understanding Wrongful Death Under Georgia Law
A wrongful death occurs when a person dies because of someone else’s negligence, recklessness, or intentional misconduct. It’s a civil matter, not a criminal one, meaning the case focuses on compensating the victim’s family rather than punishing the wrongdoer.
Under O.C.G.A. § 51-4-1, a wrongful death claim in Georgia can be filed by:
- The deceased person’s spouse
- If no spouse, the children
- If none of the above, the parents
- Or the personal representative of the estate
Common Examples of Wrongful Death
- Car Accidents: Caused by distracted, drunk, or reckless drivers.
- Medical Malpractice: When a doctor or hospital fails to meet the standard of care.
- Workplace Accidents: Especially in high-risk industries like construction or trucking.
- Defective Products: Such as faulty brakes or dangerous pharmaceuticals.
In these cases, the goal is to hold the at-fault party financially accountable and help the surviving family recover damages for:
- Lost future income
- Medical and funeral costs
- Pain and suffering
- Loss of companionship and support
A wrongful death claim recognizes that while money cannot replace a life, it can provide stability and justice for those left behind.
Understanding Homicide in Georgia
Homicide is a criminal act when one person unlawfully causes the death of another. The purpose of a homicide case is not to provide financial compensation but to punish the offender and protect the public.
In Georgia, homicide offenses are classified under the Georgia Criminal Code (O.C.G.A. § 16-5) and can include:
- Murder: Intentionally causing the death of another with malice or premeditation.
- Felony Murder: Causing a death during the commission of a felony, even unintentionally.
- Voluntary Manslaughter: Killing in the heat of passion due to sudden provocation.
- Involuntary Manslaughter: Unintentional killing due to reckless or criminally negligent behavior.
These cases are prosecuted by the District Attorney on behalf of the State of Georgia, not the victim’s family. The punishment can range from several years in prison to life imprisonment or, in the most severe cases, the death penalty.
The victim’s family plays a supportive role in a homicide case; they may testify or provide victim impact statements but they do not control the prosecution.
The Legal Divide: Civil vs. Criminal Systems
One of the clearest distinctions between wrongful death and homicide is that they occur in two completely separate court systems, civil and criminal.
| Aspect | Wrongful Death (Civil Case) | Homicide (Criminal Case) |
| Purpose | To compensate the victim’s family | To punish and deter wrongdoing |
| Filed By | Family or estate of the deceased | The State of Georgia |
| Legal Standard | Preponderance of the evidence (more likely than not) | Beyond a reasonable doubt (highest standard) |
| Outcome | Monetary damages | Criminal conviction and penalties |
| Attorney Type | Private wrongful death attorney | District Attorney (prosecutor) |
| Focus | Financial accountability | Moral and criminal guilt |
These cases can and often do happen simultaneously. For example, after a fatal DUI accident, the state might prosecute the driver for vehicular homicide, while the family sues in civil court for wrongful death damages.
Can a Defendant Face Both Criminal and Civil Liability?
Yes — and this is one of the most misunderstood aspects of wrongful death law.
A person can be found not guilty of homicide in criminal court but still be found liable for wrongful death in civil court.
This happens because the burden of proof in a civil case is much lower.
- In a criminal case, guilt must be proven beyond a reasonable doubt.
- In a civil case, responsibility only needs to be shown as more likely than not.
Famous Example: The O.J. Simpson case illustrates this perfectly. He was acquitted of murder charges in criminal court but later found liable for wrongful death in a civil case, resulting in a multimillion-dollar judgment against him.
In Georgia, similar dual outcomes can occur when evidence is strong enough for civil liability but not sufficient for criminal conviction.
Compensation vs. Punishment
The objectives of each case type highlight another critical difference:
Wrongful Death (Civil)
- Aims to compensate the family for their loss.
- Covers both economic (financial) and non-economic (emotional) damages.
- Examples include:
- Lost wages and future income
- Medical expenses prior to death
- Pain and suffering endured by the deceased
- Emotional loss and loss of companionship
Homicide (Criminal)
- Aims to punish the offender and protect society.
- Penalties may include:
- Prison sentences
- Probation
- Fines
- In rare cases, the death penalty
A criminal conviction may offer emotional closure, but only a wrongful death lawsuit can provide financial recovery for the victim’s family.
The Role of a Wrongful Death Attorney
When a death results from negligence or a criminal act, families often face an overwhelming situation balancing grief with the need for justice. A skilled Georgia wrongful death attorney helps by:
- Investigating the cause of death and collecting evidence.
- Coordinating with law enforcement in cases involving criminal charges.
- Determining who can be held legally and financially responsible.
- Calculating full damages based on the deceased’s earning potential and the family’s loss.
- Filing the lawsuit within Georgia’s two-year statute of limitations.
Working with a law firm ensures that no opportunity for justice is missed, whether through the criminal courts or civil litigation.
Key Takeaway: Two Paths to Justice
Both wrongful death and homicide represent the pursuit of justice after a tragedy but they follow two distinct paths:
- Homicide seeks punishment for a crime.
- Wrongful death seeks compensation for a loss.
In Georgia, families often have the right to pursue both cases simultaneously. Doing so ensures accountability on all levels both criminal and financial, for those responsible.
If you’ve lost a loved one due to another’s negligence or wrongdoing, you deserve answers and justice. At Georgia Wrongful Death Attorney P.C., we help families across the state navigate both the civil and criminal aspects of these tragic cases.
Contact us today for a free, compassionate consultation to understand your legal options and take the first step toward holding the responsible parties accountable.