Table of Contents
2. Criminal Murder Charges and Wrongful Death Civil Lawsuits – the Difference
3. Seek Out an Experienced Wrongful Death Attorney
Stray Drive-By Shooting Claims Life of Aspiring Florida Rapper
A 23-year-old man identified as Leon D’Shawn Bennett, an aspiring Florida rapper was shot and killed outside a Jacksonville-area restaurant in a drive-by shooting that followed a street fight. According to the Jacksonville Beach police, the incident happened outside The Pier Restaurant at about 2:30 a.m. Sunday. Also known as rapper Lee Kahn, Bennett collapsed and died in the arms of his girlfriend before the arrival of emergency personnel, according to news reports. Bennett is the second northeast Florida rap artist to be shot this month. Kenyata Tyrone Bullard, 20, also known as Yungeen Ace was the sole survivor of a quadruple drive-by shooting that claimed the lives of three people, including his brother.
Generally, people are aware of murder; however, most people do not know that in the United States, there are several types and degrees of murder, which can include homicide, capital murder, voluntary manslaughter, and involuntary manslaughter, to name some. The punishment meted out to the offender depends on several factors, including the severity and intent of the crime. Consequently, the public can end up being extremely confused. The law looks at murder quite differently from the general public and as a result, an accidental killing will not even be considered a criminal offense but may be charged as wrongful death in a civil court instead.
Murder – A Criminal or Civil Offense?
Depending on the type of death, murder may be classified as a criminal offense or a civil offense. Normally, in cases of murder that is a result of intended action by someone that has caused death, the offense is criminal and the lawsuit is instituted by the government prosecutors against the offender. The purpose of the lawsuit is to punish the offender for his crime and if proven guilty, the offender will be jailed and/or fined heavily.
However, if the death has been caused by someone inadvertently or by accident, the death is not treated as murder but as wrongful death, which is a civil offense. The lawsuits, in such cases, are filed by aggrieved individuals, typically the family of the deceased, against the offender seeking justice in terms of monetary compensation. Typically, these civil lawsuits are filed with the help of personal injury lawyers who know how to approach the case best for getting the desired compensation.
Criminal Murder Charges and Wrongful Death Civil Lawsuits – the Difference
Because a wrongful death is classified as a civil offense, the lawsuit is head in a civil court. The lawsuit is typically brought on by the family of the deceased against the offender whose negligent action has resulted in the wrongful death if the family member. If the defendant is found to be guilty of the offense, he is required to pay monetary compensation to the family instituting the case for the death of their family member. No jail time is awarded in these cases.
However, murder is considered to be a criminal offense and accordingly the lawsuit is tried in a criminal court. A government-appointed prosecutor will frame the charges against the defendant and seek justice regardless of whether the family of the deceased wants it or not. If the defendant is found guilty, the laws applicable to murder in the state of Florida will apply and the defendant will be awarded jail time and monetary fines as decided by the court. It is also quite possible for civil lawsuits to be also filed by the members of the family of the deceased seeking monetary compensation for the death.
Seek Out an Experienced Wrongful Death Attorney
If any family member has lost his life due to the negligence of any person or organization, the laws of Florida entitle you to seek compensation in a civil court of law. While the death of a loved one can never be made up with the money, the lawsuit may be able to get justice and compensation to tide over the financial problems caused as a result of the unexpected wrongful death.
Skilled wrongful death attorneys at Lavalle, Brown & Ronan, P.A., among most experienced personal injury law firms in Boca Raton with a history of over 45 years can help you if you intend to/have already filed a claim seeking compensation for wrongful death. Contact us today for a free consultation.