TL;DR
Yes, you can absolutely file a wrongful death claim regardless of whether a criminal case is pending, has concluded, or was never initiated. These are two entirely separate legal proceedings that exist in different court systems. A criminal case is brought by the state to punish a wrongdoer for breaking the law, while a civil wrongful death claim is filed by the deceased’s family to seek financial compensation for their losses. The two processes have different goals, standards of proof, and potential outcomes, and one does not prevent the other.
Key Highlights
- Separate Legal Systems: Wrongful death is a civil matter handled in civil court, while criminal charges are prosecuted by the state in criminal court.
- Different Goals: A criminal case seeks punishment, such as jail time or fines paid to the state. A wrongful death claim seeks monetary damages for the surviving family members.
- Lower Burden of Proof: To win a civil claim, you must prove your case by a “preponderance of the evidence” (more likely than not). Criminal cases require proof “beyond a reasonable doubt,” a much higher standard.
- Outcomes Are Independent: A defendant can be found not guilty in a criminal trial but still be held financially liable in a civil wrongful death lawsuit for the same act.
- Timing is Critical: A strict deadline, known as the statute of limitations, applies to wrongful death claims and is not paused by a criminal investigation.
When a family loses a loved one because of another person’s reckless or intentional act, the quest for justice often feels like a journey through unfamiliar territory. The legal system, in response to such tragedies, provides two distinct pathways for accountability. One path is through the criminal justice system, a process often seen in news headlines, where prosecutors act on behalf of the state to punish illegal conduct. According to the Bureau of Justice Statistics, prosecutors in the 75 largest U.S. counties file felony charges in thousands of death-related cases each year, from homicide to vehicular manslaughter.
The second path, less understood by the public but equally important for the family, lies within the civil court system. This is where the concept of a “wrongful death” claim originates. Governed by state-specific civil statutes, a wrongful death action is a type of lawsuit that arises when a person dies as a result of the legal fault of another person or entity. This fault can stem from a negligent act, such as a distracted driving accident, or an intentional act, like an assault. The purpose of this civil action is not to imprison the wrongdoer but to provide financial relief to the surviving family members for the immense losses they have suffered.
The existence of these two separate legal tracks naturally leads to a critical question for grieving families: Does a criminal case affect their ability to pursue a civil claim for wrongful death? The answer is clear and empowering. A familyโs right to file a wrongful death lawsuit is not dependent on the start, progress, or outcome of any related criminal proceedings. These parallel systems are designed to address different wrongs and achieve different forms of justice. Understanding how they interact, their key differences, and the strategic considerations involved is fundamental for any family seeking to hold a responsible party fully accountable.
Understanding the Two Parallel Legal Systems: Civil vs. Criminal Court
When an act results in a person’s death, it can trigger legal proceedings in two different arenas: criminal court and civil court. While they may stem from the same event, they operate independently with entirely different objectives, participants, and consequences. Recognizing these distinctions is the first step for a family seeking justice.
The Purpose of Each System
The core mission of the criminal justice system is to maintain public order and safety. When a person commits a crime, they have broken a law established by the government (the state or federal government). Therefore, the legal action is seen as the state versus the wrongdoer.
- Criminal Court: The primary goal is punishment and deterrence. The court seeks to hold the defendant accountable for violating societal rules. This is achieved through penalties like imprisonment, probation, or fines paid directly to the government. The focus is on the defendant’s debt to society, not the personal losses of the victim’s family.
- Civil Court: The goal here is to make the victim’s family “whole” again, at least from a financial standpoint. A wrongful death lawsuit is a tool for survivors to recover compensation for the harm they have endured due to their loved one’s death. The court’s focus is on liability and damages, aiming to restore financial stability and compensate for both tangible and intangible losses.
Who Brings the Case?
The party initiating the legal action, known as the plaintiff or prosecutor, differs significantly between the two systems. This distinction highlights who is in control of the litigation.
- Criminal Case: The case is brought by a government prosecutor (such as a District Attorney) on behalf of the state or “the people.” The victim’s family members are considered witnesses for the prosecution; they do not control the case. The prosecutor decides what charges to file, whether to offer a plea bargain, or even if the case should be dismissed.
- Civil Case: The case is filed by a private party. In a wrongful death lawsuit, this is typically the personal representative of the deceased person’s estate, acting on behalf of the surviving family members (the beneficiaries). These plaintiffs hire their own wrongful death attorney to represent their interests directly. They decide whether to file the lawsuit, when to settle, and how to proceed with the case.
Potential Outcomes and Penalties
The consequences for a defendant found guilty or liable are fundamentally different, reflecting the distinct purposes of each court.
- Criminal Penalties: A defendant convicted of a crime faces a loss of liberty or life. Potential outcomes include:
- Incarceration in jail or prison
- Significant fines paid to the state
- Probation or parole
- Community service
- In capital cases, the death penalty
- Civil Remedies: A defendant found liable in a wrongful death case does not go to jail. Instead, they are ordered to pay monetary damages to the plaintiffs. These damages are calculated to cover the family’s losses and may include:
- Compensation for lost income and financial support
- Funeral and burial expenses
- Medical bills incurred before death
- Loss of companionship, guidance, and consortium
- The family’s emotional pain and suffering
Because these systems are separate, a defendant could face both criminal penalties and a civil judgment for the same act.
The Critical Difference: Burden of Proof
Perhaps the most significant distinction between a criminal case and a civil wrongful death claim is the “burden of proof.” This is the standard that the party bringing the case must meet to prove their allegations and win. The standards are drastically different, which explains why the outcome of a criminal trial does not dictate the outcome of a civil one.
“Beyond a Reasonable Doubt” in Criminal Cases
In the American criminal justice system, a defendant is presumed innocent until proven guilty. To overcome this presumption, the prosecutor must meet the highest legal standard: proving guilt “beyond a reasonable doubt.”
This standard does not mean proof beyond all possible doubt, but it is extremely close. The prosecution must present evidence so compelling that no reasonable person could conclude that the defendant is innocent. If a juror has any reasonable doubt about the defendant’s guilt based on the evidence presented, they are legally obligated to vote for acquittal (not guilty). This high bar is designed to protect citizens from being wrongfully deprived of their liberty by the state.
“Preponderance of the Evidence” in Civil Cases
In a civil case, such as a wrongful death lawsuit, the plaintiff’s burden of proof is much lower. They must prove their case by a “preponderance of the evidence.”
This standard simply means showing that it is more likely than not that the defendant is liable for the death. If you imagine the scales of justice, the plaintiff only needs to tip them ever so slightly in their favor. A 50.1% certainty is enough to win. The jury or judge must be convinced that the plaintiff’s version of events is more probable than the defendant’s. This lower standard is used because the stakes are different; the defendant’s liberty is not at risk, only their money or property.
Why This Difference Matters: The O.J. Simpson Case Study
The most famous real-world example illustrating the difference in the burden of proof is the case of O.J. Simpson. In 1995, Simpson was tried for the murders of Nicole Brown Simpson and Ron Goldman.
- The Criminal Trial: The prosecution presented a mountain of evidence, but the defense team successfully raised questions about how it was collected and handled. The jury ultimately concluded that the state had not proven its case “beyond a reasonable doubt” and acquitted Simpson of the murder charges.
- The Civil Trial: Following the acquittal, the families of the victims filed a wrongful death lawsuit against Simpson. In this civil trial, the plaintiffs’ attorneys presented much of the same evidence. However, they only needed to convince the jury that it was “more likely than not” that Simpson was responsible for the deaths. The jury found him liable and ordered him to pay millions of dollars in damages to the families.
This landmark case perfectly demonstrates the principle: a “not guilty” verdict in criminal court does not mean the person is innocent. It simply means the prosecutor failed to meet their extremely high burden of proof. The lower standard in civil court provides a separate path for victims’ families to seek and achieve a measure of justice.
How a Criminal Case Can Impact Your Wrongful Death Claim
While the two cases are legally separate, they do not exist in a vacuum. The existence of a parallel criminal case can have significant strategic effects, both positive and negative, on a wrongful death lawsuit. An experienced attorney can help a family use the criminal proceedings to their advantage while mitigating potential complications.
Potential Benefits of a Parallel Criminal Case
When the state prosecutes a defendant, it can inadvertently do much of the heavy lifting for a future civil claim.
- Evidence Gathering: Police departments and prosecutors have vast resources to investigate a death. They collect physical evidence, interview witnesses, perform forensic analysis, and compile detailed reports. Much of this evidence, once made public, can be obtained and used by the attorney in the wrongful death case. This can save the family significant time and expense in building their own case.
- Admissions and Testimony: Any testimony the defendant or witnesses give under oath during the criminal proceedings can be used in the civil case. If a witness changes their story, their previous testimony can be used to challenge their credibility. Most powerfully, if a defendant pleads guilty in the criminal case, that plea serves as a direct admission of fault that is often legally binding in the civil lawsuit, making it much easier to establish liability.
- Leverage for Settlement: A criminal conviction places immense pressure on the defendant. Faced with the prospect of another trial and the high likelihood of being found liable in civil court, a convicted defendant (or their insurance company) is often far more motivated to agree to a fair wrongful death settlement in the wrongful death claim to avoid further litigation.
Potential Challenges and Complications
The interaction between the two cases can also create hurdles for the civil lawsuit.
- Fifth Amendment Rights: The Fifth Amendment to the U.S. Constitution protects individuals from self-incrimination. In a criminal case, a defendant can “plead the fifth” and refuse to answer questions. They may try to extend this right to the civil case, refusing to participate in depositions or answer written questions (interrogatories) while the criminal case is ongoing. This can stall the discovery process, where the civil attorney gathers information.
- Stays on Civil Proceedings: To protect the defendant’s constitutional rights, a judge in the civil case may agree to put the wrongful death lawsuit on hold, or “stay” the proceedings, until the criminal case is resolved. This can delay the family’s ability to receive compensation, sometimes for years.
- Different Timelines and Priorities: The prosecutor’s timeline is dictated by criminal procedure and their own caseload. They are not concerned with the statute of limitations for the civil claim. A family cannot afford to wait for the criminal case to finish before speaking with a wrongful death attorney, as the deadline to file their civil suit continues to run regardless of what is happening in criminal court.
What Happens if There Is No Criminal Case?
Many families are distressed to learn that a prosecutor has decided not to file criminal charges against the person responsible for their loved one’s death. They often mistakenly believe this decision closes the door on any form of legal justice. However, this is not the case. A prosecutor’s decision has no legal impact on a family’s right to pursue a wrongful death claim.
Why Criminal Charges Might Not Be Filed
There are several common reasons why a death that seems clearly wrongful does not result in a criminal prosecution.
- Insufficient Evidence for the High Standard: A prosecutor may have substantial evidence that the defendant caused the death but still believe it is not enough to secure a conviction “beyond a reasonable doubt.” They may feel a jury could have a reasonable alternative explanation for what happened, making a conviction unlikely.
- Lack of Criminal Intent: Many wrongful deaths are caused by negligence, not malice. For example, a surgeon who makes a fatal mistake during an operation has likely committed medical malpractice (a form of negligence), but they did not intend to kill the patient. Most forms of negligence are not crimes. Criminal charges like manslaughter or homicide typically require proof of a “guilty mind” (mens rea), such as recklessness or a deliberate intent to harm.
- Prosecutorial Discretion: Government prosecutors have limited budgets and staff. They must prioritize the cases they believe are the strongest and most important for public safety. Sometimes, a case may be declined simply because of a lack of resources to pursue it effectively.
Your Right to File a Civil Claim Remains
The decision not to file criminal charges is an internal one made by the prosecutor’s office. It is not a court ruling on the defendant’s innocence or lack of responsibility. Therefore, it does not prevent a family from moving forward with a civil lawsuit.
Consider these common scenarios:
- A Fatal Car Accident: A driver runs a red light while texting and causes a collision that kills another person. The prosecutor may decide the evidence of recklessness is not strong enough for a vehicular manslaughter charge. However, the family of the deceased can still file a wrongful death lawsuit based on the driver’s negligence.
- A Defective Product: A faulty piece of machinery at a construction site malfunctions and kills a worker. This is unlikely to be a criminal matter, but the worker’s family can file a wrongful death claim against the manufacturer of the machine for product liability.
- Medical Malpractice: A doctor fails to diagnose a treatable condition, leading to a patient’s death. This is a classic case of negligence. While criminal charges are extremely rare in such cases, a wrongful death lawsuit against the doctor and the hospital is a valid and common course of action.
In all these instances, the family’s ability to seek financial justice through the civil court system is completely intact.
Key Steps to Filing a Wrongful Death Claim
Pursuing a wrongful death claim is a structured legal process. While the emotional weight on a family is immense, understanding the practical steps involved can provide a sense of control and direction. This process is almost always managed by a specialized attorney who handles the complex legal requirements on the family’s behalf.
Understanding the Statute of Limitations
The most critical first step is recognizing the statute of limitations. This is a state law that sets a strict time limit on the right to file a lawsuit. If a claim is not filed in court before this deadline expires, the family loses its right to seek compensation forever, no matter how strong the case is.
- Time Varies by State: Each state has its own statute of limitations for wrongful death. The period is typically two or three years from the date of the person’s death.
- Exceptions Can Apply: In some limited circumstances, such as when the cause of death was not discovered right away, the clock might start later. However, relying on an exception is risky.
- Immediate Action is Key: Because of this strict deadline, it is vital to speak with an attorney as soon as possible.
Identifying the Proper Plaintiff
Not every family member can file a wrongful death lawsuit. State laws specify who has the legal standing to bring the claim.
- Personal Representative: In most states, the lawsuit must be filed by the personal representative of the deceased’s estate. This person may have been named in the deceased’s will or can be appointed by the court.
- Beneficiaries: The lawsuit is filed on behalf of the surviving family members, known as beneficiaries. These typically include the spouse, children, and parents of the deceased. The compensation recovered is distributed among these beneficiaries.
Gathering Evidence and Building Your Case
While a criminal investigation can be helpful, a civil attorney will conduct their own independent investigation to build the wrongful death case. This involves collecting and preserving all relevant evidence, which may include:
- Official documents like police reports, autopsy reports, and death certificates.
- Medical records and billing statements.
- Photos and videos of the scene.
- Witness statements and interviews.
- Hiring expert witnesses, such as accident reconstructionists, medical experts, or economists, to provide professional opinions.
Calculating Damages
A central part of the case is determining the full value of the family’s losses. An attorney works with the family and financial experts to calculate the damages, which are broken into categories.
- Economic Damages: These are the tangible financial losses, such as:
- Lost wages and benefits the deceased would have earned.
- The value of lost inheritance.
- Medical expenses incurred before death.
- Funeral and burial costs.
- Non-Economic Damages: These compensate for the intangible, personal losses, including:
- The family’s mental anguish and emotional suffering.
- Loss of love, companionship, comfort, and guidance.
- Loss of consortium for a surviving spouse.
- Punitive Damages: In cases where the defendant’s conduct was particularly malicious or reckless, a court may award punitive damages. These are not meant to compensate the family but to punish the defendant and deter similar behavior in the future.
The Role of an Attorney in Dual Cases
When a wrongful death claim runs parallel to a criminal case, the value of an experienced attorney becomes even more apparent. They do more than just file paperwork; they act as the family’s strategic advocate, ensuring their interests are protected in a complex legal environment.
Strategic Coordination
An attorney who understands both civil and criminal procedure can strategically time the wrongful death lawsuit. They will know whether it is better to file the claim immediately to preserve evidence or to wait for certain developments in the criminal case, such as a guilty plea. They can monitor the criminal proceedings, obtain key documents as they become available, and use the momentum of the criminal case to strengthen the civil claim.
Protecting Your Rights and Interests
It is essential to remember that the prosecutor in the criminal case works for the state, not for the family. The prosecutor’s primary goal is to get a conviction, and they may make decisions, like offering a plea bargain to a lesser charge, that do not align with the family’s desire for full accountability.
A wrongful death attorney has only one client: the family. Their sole focus is on achieving the best possible outcome for the survivors. They act as the family’s voice, ensuring their story is heard and their financial future is protected. They fight for maximum compensation, a goal that is entirely separate from the prosecutor’s objectives.
Navigating Complex Legal Procedures
The legal process is filled with procedural rules, filing deadlines, and formal requirements. An attorney manages all aspects of the wrongful death claim, from the initial filing of the complaint to negotiating with insurance companies and, if necessary, presenting the case to a jury at trial. They handle the discovery process, take depositions, and file motions, allowing the family to focus on healing without the added burden of managing a complex lawsuit. This expert guidance is invaluable in ensuring the case is positioned for success.
The loss of a family member is a profound and life-altering event. When that loss is caused by the wrongful actions of another, the desire for justice is a natural and powerful response. The American legal system provides two separate but parallel avenues to achieve that justice: the criminal court, which seeks to punish the offender, and the civil court, which seeks to compensate the family for their devastating losses.
You absolutely have the right to file a wrongful death claim, whether or not the person responsible is facing criminal charges. The two systems operate on different standards of proof, and a “not guilty” verdict in a criminal trial does not prevent a family from holding the same person financially accountable in a civil lawsuit. The outcome of one does not legally determine the outcome of the other.
Because the clock is always ticking on your right to file a civil claim, you cannot afford to wait for the criminal justice process to play out. The statute of limitations is a strict and unforgiving deadline. Taking action quickly is the only way to preserve your legal rights and secure your family’s financial future.
If your family is enduring such a loss, the most important step you can take is to speak with a qualified wrongful death attorney. A consultation will provide you with a clear understanding of your options and a strategic path forward. This proactive step ensures that your voice is heard, your rights are protected, and you are positioned to obtain the full measure of justice your loved one deserves. Contact us for free evaluation today.