Wrongful Death Due to a Criminal Act

TL;DR

When a person’s death is caused by a criminal act, the surviving family members can file a wrongful death lawsuit in civil court. This is a legal action completely separate from any criminal charges the state may pursue. The goal of the civil lawsuit is not to send the responsible person to jail, but to secure financial compensation for the family’s losses, such as lost income, funeral expenses, and the loss of companionship. Because the civil court has a lower standard of proof, it is possible to win a wrongful death case even if the defendant is found not guilty in criminal court.

Key Highlights

Two Separate Cases: A criminal prosecution seeks punishment (jail, fines), while a civil wrongful death lawsuit seeks financial compensation for the family.
Different Goals: The state prosecutes the criminal case. The victim’s family (the plaintiffs) files the civil case.
Lower Burden of Proof: In a civil case, you only need to show it is “more likely than not” (a preponderance of the evidence) that the defendant is responsible, which is easier to prove than the “beyond a reasonable doubt” standard in criminal court.
Financial Recovery: A successful claim can provide compensation for economic losses (lost wages, medical bills) and non-economic losses (grief, loss of guidance).
A Conviction Helps, But Isn’t Required: A criminal conviction can be powerful evidence in your civil case, but you can still file and win a wrongful death lawsuit without one.

Losing a family member is a profound tragedy. When that loss stems from a criminal act, the pain is compounded by a sense of injustice. In the United States, violent crimes result in tens of thousands of deaths each year. According to FBI data, there were an estimated 21,570 homicides in a recent year. Beyond intentional violence, reckless criminal acts like drunk driving also claim a staggering number of lives. The National Highway Traffic Safety Administration (NHTSA) reports that drunk-driving crashes kill more than 13,000 people annually, which is one person every 39 minutes. These are not just numbers; they represent families torn apart by preventable, unlawful actions.

When a death occurs because of a crime, the legal system responds on two distinct fronts. The first is the criminal justice system, which is what most people see on television. In this arena, a prosecutor, representing the state or “the people,” files charges against the accused. The objective is to prove guilt beyond a reasonable doubt and impose a punishment, such as imprisonment, to serve justice for society as a whole. The victim’s family may participate as witnesses, but they do not control the prosecution. This path is about punishing the offender for breaking a societal law.

The second path, which is often less understood, runs through the civil justice system. This is where a wrongful death lawsuit takes place. This legal action is not initiated by the state but by the surviving family members or the deceased person’s estate. Its purpose is entirely different: to hold the responsible party financially accountable for the harm and losses the family has suffered. This system provides a direct way for families to seek a measure of justice for themselves. It acknowledges that the death created tangible and intangible burdens, and it offers a mechanism to address them through monetary damages. Understanding how these two systems work in parallel is the first step for any family considering their legal options.

Understanding the Two Parallel Legal Paths: Criminal vs. Civil Cases

When a criminal act leads to a person’s death, the legal response is twofold. It can be confusing because both processes may involve the same defendant and the same set of facts, but they operate independently with different rules, goals, and outcomes. Recognizing these differences is essential for families seeking justice.

The Purpose of a Criminal Case

A criminal case is a legal action brought by the government (at the state or federal level) against an individual who has allegedly broken the law. The primary goal is to protect the public and maintain social order by punishing offenders.

Who is in Charge? The prosecutor, an attorney for the government, decides whether to file charges, what charges to file, and whether to offer a plea bargain. The victim’s family has a voice but does not make the final decisions.
The Parties: The case is styled as “The State vs. [Defendant’s Name].” The family is not a party to the lawsuit; they are witnesses for the prosecution.
The Burden of Proof: The standard of proof is the highest in the legal system: beyond a reasonable doubt. This means the prosecutor must present evidence so compelling that there is no other logical explanation for the facts except that the defendant committed the crime. This high bar is designed to protect the innocent from wrongful conviction.
The Outcome: If the defendant is found guilty, the outcome is a criminal penalty. This can include prison time, probation, community service, and fines paid to the state. The family does not receive this money.

The Purpose of a Civil Wrongful Death Claim

A civil wrongful death claim is a private lawsuit filed by the deceased person’s survivors or estate against the person or entity responsible for the death. The goal is not punishment in the form of incarceration but financial compensation for the family’s losses.

Who is in Charge? The surviving family members (or a representative of the estate) hire their own attorney and decide whether to file a lawsuit. They are the plaintiffs and control the direction of their case.
The Parties: The case is styled as “[Plaintiff’s Name] vs. [Defendant’s Name].”
The Burden of Proof: The standard of proof is much lower: a preponderance of the evidence. This means the plaintiff must prove that it is more likely than not (a greater than 50% chance) that the defendant’s actions caused the death. It is far easier to meet this standard than “beyond a reasonable doubt.”
The Outcome: If the defendant is found liable, the outcome is a court order to pay monetary damages to the plaintiffs. This compensation is intended to cover the financial and emotional losses the family has endured.

The O.J. Simpson Case: A Real-World Example

Perhaps the most famous illustration of this dual-track system is the case involving O.J. Simpson. In 1995, he was tried for the murders of Nicole Brown Simpson and Ron Goldman.

The Criminal Trial: The State of California charged him with two counts of murder. The prosecution had to prove his guilt “beyond a reasonable doubt.” The jury, after weighing the evidence, had doubts and returned a verdict of “not guilty.” Simpson faced no criminal penalties.
The Civil Trial: Following the acquittal, the families of Nicole Brown Simpson and Ron Goldman filed a wrongful death lawsuit against O.J. Simpson in civil court. In this trial, their attorneys only had to prove it was “more likely than not” that he was responsible for the deaths. The civil jury found him liable and ordered him to pay $33.5 million in damages to the families.

This case clearly shows that an acquittal in criminal court does not prevent a family from pursuing and winning a civil wrongful death claim. The different standards of proof can lead to completely different results.

Who is Eligible to File a Wrongful Death Lawsuit?

Not just anyone who is grieving can file a wrongful death lawsuit. Each state has specific laws that define who has the legal right, or “standing,” to bring such a claim. While the rules vary, they generally follow a specific order of priority to ensure that the people most affected by the loss are the ones who can seek compensation.

The laws typically designate a hierarchy of individuals who can file. If a person in a higher category exists, those in lower categories are usually not eligible to file.

The Typical Hierarchy of Eligible Parties:

Surviving Spouse: In nearly every state, the surviving spouse is the first in line to file a wrongful death claim. In some states, this may also extend to registered domestic partners.
Children: If there is no surviving spouse, the deceased person’s children are typically next in line. This includes biological and legally adopted children.
Surviving Parents: If the deceased was a minor child with no spouse or children of their own, their parents can file a claim. In some cases, parents of an adult child may also be able to file if they can demonstrate financial dependence on the deceased.
Personal Representative of the Estate: In many states, the lawsuit must be filed by the personal representative (also known as an executor or administrator) of the deceased person’s estate. This individual is often named in the deceased’s will or is appointed by the court. The personal representative then files the lawsuit on behalf of all the eligible beneficiaries (like the spouse and children), and any damages recovered are distributed to them according to state law.

State-Specific Variations are Critical

It is vital to understand that this is a general outline. The specifics can change dramatically from one state to another.

For example, in California, a wrongful death lawsuit can be filed by the surviving spouse, domestic partner, children, and grandchildren (if their parents are deceased).
In Texas, the action can be brought by the surviving spouse, children, or parents of the deceased. If none of them file within three months of the death, the personal representative of the estate can file unless requested not to by the family.
In Florida, the claim must be filed by the estate’s personal representative, who then lists all the survivors who have an interest in the case, including the spouse, children, and parents.

Because these laws are so specific, consulting with an attorney who is familiar with your state’s wrongful death statutes is a necessary step to determine who has the legal right to take action.

Proving Your Case: The Elements of a Wrongful Death Claim

Winning a wrongful death lawsuit requires more than just showing that a loved one died and someone’s criminal act was involved. Your attorney must prove a specific set of legal elements to establish the defendant’s liability. In a civil court, the plaintiff (the family) has the burden of proving these four elements by a preponderance of the evidence.

1. Duty of Care

The first step is to show that the defendant owed the deceased person a “duty of care.” This is a legal obligation to act with a reasonable level of caution to avoid harming others. In most situations involving criminal acts, establishing this duty is straightforward.

Example (Drunk Driving): Every driver on the road has a duty to other motorists, pedestrians, and passengers to operate their vehicle safely and obey traffic laws, including the law against driving under the influence.
Example (Assault): Every person in society has a fundamental duty to refrain from intentionally harming others through violence.

2. Breach of Duty

Next, you must prove that the defendant breached, or violated, that duty of care. A criminal act is almost always a clear breach of a legal duty. The action itself serves as the evidence of the breach.

Example (Drunk Driving): The act of getting behind the wheel with a blood alcohol concentration (BAC) over the legal limit is a direct breach of the duty to drive safely.
Example (Assault): The act of physically attacking someone is a breach of the duty to not cause harm.

If the defendant was convicted of a crime related to the death, that conviction can often be used as conclusive proof of the breach of duty in the civil case.

3. Causation

This element connects the defendant’s action to the victim’s death. You must prove that the defendant’s breach of duty was the direct and proximate cause of the death. In other words, “but for” the defendant’s criminal act, the person would not have died.

Direct Cause: The death was a direct result of the action. For instance, a person died from injuries sustained in a crash caused by a drunk driver.
Proximate Cause: The death was a foreseeable result of the action. If a person robs a store and, during the getaway, runs a red light and kills a pedestrian, the robbery is a proximate cause of the death because a fatal accident is a foreseeable outcome of a reckless escape.

Medical records, police reports, accident reconstruction reports, and expert testimony are often used to establish a clear link between the defendant’s conduct and the fatal outcome.

4. Damages

Finally, you must demonstrate that the death resulted in quantifiable damages for the surviving family members. These are the losses for which you are seeking financial compensation. The court needs to see that the family has suffered real harm, both financially and emotionally. These damages are explored in more detail in the next section.

Types of Compensation Available in a Wrongful Death Claim

The purpose of a wrongful death lawsuit is to provide financial relief to the family for the losses they have suffered. This compensation, known as “damages,” is intended to help restore the family to the financial position they would have been in had their loved one survived, and to acknowledge their emotional suffering. Damages are typically separated into three categories: economic, non-economic, and punitive.

Economic Damages (Tangible Losses)

Economic damages are the measurable financial losses that result from a person’s death. They are calculated based on documents, records, and expert projections.

Lost Income and Future Earnings: This is often the largest component of economic damages. It includes the salary, wages, and other benefits the deceased would have earned over their expected lifetime. An economist may be hired to project these future earnings based on the person’s age, profession, education, and earning history.
Loss of Benefits: This covers the value of lost benefits like health insurance, retirement contributions (pensions or 401(k) matches), and other perks of employment.
Medical Expenses: The family can recover any medical bills incurred by the deceased from the time of the injury until their death. This includes costs for ambulance services, hospital stays, surgeries, and other treatments.
Funeral and Burial Costs: The reasonable expenses for the funeral service, burial or cremation, and related costs are recoverable.
Loss of Services: This compensates for the value of the services the deceased provided to the household, such as childcare, home maintenance, cooking, and financial management.

Non-Economic Damages (Intangible Losses)

Non-economic damages are awarded for the intangible, emotional suffering that is much harder to assign a dollar value to. These damages acknowledge the profound human cost of the loss.

Loss of Companionship and Consortium: This is for the surviving spouse and recognizes the loss of love, affection, comfort, society, and sexual relations.
Loss of Parental Guidance: When a parent dies, their minor children lose a lifetime of guidance, support, education, and nurturing. This damage category compensates for that loss.
Mental Anguish and Suffering: This compensates the surviving family members for their own grief, sorrow, and emotional distress caused by the death.

The calculation of non-economic damages is subjective and varies widely based on the relationship between the survivor and the deceased, the circumstances of the death, and the jurisdiction.

Punitive Damages

In cases where the defendant’s conduct was particularly malicious, reckless, or intentional, a court may award punitive damages. Unlike the other two categories, punitive damages are not meant to compensate the family for a loss. Instead, their purpose is to punish the defendant for their egregious behavior and to deter similar conduct in the future.

Wrongful death cases arising from criminal acts, such as murder or a drunk driving crash, are prime candidates for punitive damages. The criminal nature of the act demonstrates a conscious disregard for the safety and lives of others. However, not all states allow punitive damages in wrongful death cases, and those that do often have a high standard for awarding them and may place a cap on the amount.

The Interplay Between the Criminal and Civil Proceedings

Managing a civil wrongful death claim while a criminal case is also underway can be complex. The two cases can influence each other in significant ways. Understanding this dynamic is crucial for making informed decisions about your legal strategy.

Can You File a Civil Lawsuit While the Criminal Case is Pending?

Yes, you can, and it is often advisable to do so. Filing a civil lawsuit early allows your arizona wrongful death attorney to begin their own investigation, preserve evidence, and identify witnesses while memories are still fresh. However, there can be strategic reasons to wait. For instance, a defendant in a pending criminal case has the right to invoke the Fifth Amendment (the right to remain silent to avoid self-incrimination) during civil proceedings like depositions. This can make it difficult to gather information from them. Your attorney can advise on the best timing for your specific situation.

Using Evidence from the Criminal Case

The investigation conducted by law enforcement for the criminal case can be an invaluable resource for your civil claim. Your attorney can obtain and use:

Police Reports: These provide an official account of the incident.
Witness Statements: Testimony from people who saw what happened.
Forensic Evidence: DNA, ballistics, and other physical evidence.
A Criminal Conviction: If the defendant is convicted, this can be used in the civil case as powerful, sometimes conclusive, evidence of their liability. This legal principle, known as “collateral estoppel,” can prevent the defendant from re-litigating the issue of their fault in the civil trial, greatly simplifying your case.

What if There is No Criminal Conviction?

A “not guilty” verdict in criminal court does not mean your civil case is over. Remember the O.J. Simpson example. Because the burden of proof is lower in a civil case, you can still win by showing it was more likely than not that the defendant was responsible. Your attorney will conduct an independent investigation, hire experts, and build a case separate from the prosecutor’s. An acquittal simply means the state could not prove its case beyond a reasonable doubt; it does not mean the defendant is innocent or free from civil liability.

The Statute of Limitations

Every state has a law called the statute of limitations, which sets a strict deadline for filing a lawsuit. For wrongful death claims, this is typically two or three years from the date of the person’s death. If you fail to file your claim within this time frame, you will lose your right to seek compensation forever.

This deadline is one of the most important reasons to speak with an attorney as soon as possible. In some limited circumstances, the statute of limitations may be “tolled” or paused, such as if the identity of the responsible party is unknown. However, you should never assume the deadline will be extended. The pending criminal case does not automatically stop the clock on your civil claim.

Common Criminal Acts That Lead to Wrongful Death Claims

While any criminal act that results in a fatality can be the basis for a wrongful death lawsuit, some types of cases are more common than others. These situations often involve a clear breach of a duty of care, making the connection to a civil claim more direct.

Drunk or Impaired Driving (DUI/DWI)

This is one of the most frequent causes of wrongful death claims. A driver who chooses to get behind the wheel while under the influence of alcohol or drugs is acting with reckless disregard for the safety of others. If their actions lead to a fatal crash, they can be prosecuted for crimes like vehicular manslaughter or DUI manslaughter and sued by the victim’s family in civil court. In some cases, liability may also extend to a third party, such as a bar or restaurant that knowingly over-served the intoxicated driver (under what are known as “dram shop laws”).

Assault and Battery

When a physical altercation leads to a person’s death, the attacker can be charged with crimes ranging from manslaughter to murder. The intentional act of violence is a direct cause of the death, creating a strong foundation for a wrongful death lawsuit. The family can sue the attacker for the financial and emotional damages resulting from their loved one’s death.

Homicide (Murder and Manslaughter)

Homicide is the most direct example of a criminal act causing a wrongful death. Whether the act was premeditated (murder) or a result of a reckless or heat-of-the-moment action (manslaughter), the person responsible can be held accountable in both criminal and civil court. The civil claim allows the family to seek justice on their own terms, focusing on the financial devastation and personal loss they have experienced.

Medical Malpractice Involving Criminal Negligence

Most medical malpractice cases are based on civil negligence, not criminal acts. However, in rare instances, a healthcare provider’s conduct is so reckless that it rises to the level of a crime. This could include a surgeon operating while under the influence of drugs or alcohol, a doctor intentionally harming a patient, or a caregiver’s gross neglect leading to a patient’s death in a nursing home. In these situations, the provider could face criminal charges in addition to a civil wrongful death lawsuit.

Workplace Incidents Due to Criminal Violations

Typically, when an employee dies on the job, the family’s recourse is limited to workers’ compensation benefits. However, an exception exists if the death was caused by an employer’s intentional or criminal act. For example, if an employer knowingly and willfully violated critical OSHA safety regulations to save money, and that violation directly led to a worker’s death, the employer could face criminal charges and a wrongful death lawsuit outside of the workers’ compensation system.

Conclusion

When a criminal act takes the life of a loved one, families are left to cope with unimaginable grief and a fractured sense of security. The criminal justice system, while essential for punishing offenders, often leaves families feeling like spectators in a process that is not designed to address their personal losses. The civil justice system, through a wrongful death claim, offers a separate and vital path toward accountability. It empowers families to take direct action against the responsible party and seek the financial stability needed to move forward.

This legal process acknowledges that the impact of the crime extends far beyond the act itself, creating a ripple effect of financial hardship and emotional suffering. By pursuing a wrongful death lawsuit, you are not only seeking compensation for lost income, medical bills, and funeral costs, but also placing a value on the intangible loss of love, guidance, and companionship. The lower burden of proof in civil court means that justice is attainable even when a criminal prosecution fails. It ensures that a “not guilty” verdict is not the final word on liability.

The deadlines for taking legal action, known as statutes of limitations, are strict and unforgiving. Time is a critical factor. If your family is facing this difficult situation, seeking guidance from a wrongful death attorney is a crucial first step. An experienced lawyer can protect your rights, explain your state’s specific laws, and build a strong case to help you pursue the justice and compensation your loved one and your family deserve. Taking this step can provide a sense of closure and ensure that the person responsible is held fully accountable for their actions. Contact us for free evaluation today.