Negligence and Manslaughter

Manslaughter is the unintentional and unlawful killing of another human being.  While it carries a lesser sentence than murder which is the intentional and wilful act of killing another human being, manslaughter is still a serious crime with serious penalties.

How Negligence is Determined

State laws hold people guilty of manslaughter if their negligent actions, or malpractice, caused a death.  Many states have a different standard of negligence than is required to prove a civil negligence case.  For example, state law may hold that a defendant is only guilty of manslaughter if the defendant committed criminal negligence or gross negligence.  In order to prove criminal or gross negligence, the state often has to prove that:

• The defendant owed the victim a duty of care;
• The defendant breached the duty of care by consciously and voluntarily committing a wilful act that was likely to cause foreseeable serious injuries;
• The defendant’s breach of the duty of care caused the victim’s death; and

The plaintiffs are entitled to damages because the above elements of negligence have been met and they have standing to sue because of their relationship to the decedent.

Manslaughter Cases

Manslaughter charges may be brought in any situation where the above elements of negligence are likely to be satisfied.  Often those situations arise in:

• Fatal DUI Accidents;
• Vehicular Accidents; and
• Medical Malpractice or other Professional Malpractice Cases.

Getting Legal Help for Manslaughter Cases

If you have been accused of manslaughter then it is important to seek the help of a criminal defense lawyer.  Manslaughter carries significant criminal penalties, including jail time, and your lawyer can help you present the strongest possible defense to the manslaughter charges brought against you.

It is also important to seek the counsel of a wrongful death lawyer if you are the surviving relative of the decedent.  While the state will prosecute the criminal manslaughter charges, you may be entitled to bring a civil lawsuit and recover damages if you file your case within the statute of limitations.