When a person dies due to someone else’s actions, their family may hear about both criminal charges and the possibility of filing a civil wrongful death claim. While both legal processes may stem from the same incident, they serve different purposes, follow different procedures, and result in different outcomes. Knowing the difference can help families make informed decisions during difficult times.
Different Goals In Different Types Of Cases
Criminal cases are brought by the government and focus on punishing the person responsible. If the state believes someone caused a death through a crime—like murder, manslaughter, or even DUI—it may file charges. If the accused is convicted, they may face jail time, fines, probation, or other penalties. The goal of a criminal case is to hold the individual accountable under the law and protect public safety.
On the other hand, a wrongful death lawsuit is a civil matter. These lawsuits get filed by the family or estate of the person who died. The purpose of a wrongful death claim is to seek financial compensation for the loss of a loved one. This may include damages for funeral expenses, lost income, medical bills, and emotional suffering. A wrongful death lawyer helps surviving family members pursue the resources they need to move forward.
Proof Required Is Not The Same
One major difference between criminal and civil cases is the level of proof needed. In a criminal trial, the prosecutor must prove the defendant’s guilt “beyond a reasonable doubt,” which is a very high standard. If there is any reasonable uncertainty, the jury must acquit.
In a civil wrongful death case, the standard is lower. The plaintiff only needs to show that it is more likely than not that the defendant’s actions caused the death. This is known as a “preponderance of the evidence.” Because of this lower threshold, it’s possible for a person to be found not guilty in a criminal case but still be held liable in civil court.
Who Files The Case And Whom It Benefits
Criminal charges are brought by a prosecutor. The outcome may bring a sense of justice to the victim’s family, but any punishment goes to the state. In contrast, a wrongful death lawsuit is filed by the family or estate. If successful, the result is a financial award that goes directly to those affected by the loss.
A wrongful death lawyer can attest that families often pursue civil claims regardless of whether criminal charges were filed or resulted in a conviction. Civil claims can provide important support during a time of financial hardship, especially when the loss of a loved one affects household income or caregiving responsibilities.
Civil Lawsuits Can Go To Trial Too
Although many wrongful death cases settle out of court, some go all the way to trial. When that happens, having a strong legal advocate makes a big difference. In fact, winning difficult civil cases—especially those involving significant damages—requires the type of courtroom experience associated with a trial lawyer of the year. These cases demand clear presentation of facts, strong evidence, and strategic arguments, even without the higher burden of proof found in criminal court.
Considerations For Families Seeking Accountability
Losing someone due to negligence or wrongful actions is devastating. While the justice system offers both criminal and civil avenues, they are separate paths. One focuses on punishment, the other on compensation. Families have the right to pursue both if they choose.
Our friends at Palmintier Law Group discuss this distinction with the families they represent, helping them understand what to expect in each situation. If you’ve lost someone and are considering your options, it may help to speak with a lawyer who can guide you through the civil claim process and advocate for the support your family needs.