Tony Nguyen, attorney and owner of Tony Nguyen Law Firm, has represented thousands of personal injury clients and their families since launching his Austin-based law practice in 2003. Tony Nguyen has personally represented clients in all types of cases, including wrongful death suits.

Many people are uncertain about the difference between murder and wrongful death. When a person is killed, whether due to another person’s willful or negligent actions, both types of charges can be brought against the accused. The difference is defined by who pursues the claims and what the parties must prove to win the case.

A murder or criminal homicide charge is prosecuted by the state, and the prosecution seeks a prison sentence or a criminal penalty. To convict someone of murder, the prosecutor must establish guilt beyond a reasonable doubt

In a wrongful death case, the victim’s family, or estate, pursues damages to recover the financial losses that occurred due to their loved one’s death. In this type of case, the prosecuting attorney must prove a preponderance of evidence pointing to the defendant’s liability. This means that the prosecuting attorney must establish that the defendant likely committed the actions which caused the wrongful death, which is a lower burden of proof than a murder conviction.