Is a Wrongful Death Lawsuit a Criminal or Civil Case?
When a loved one dies because of someone else’s careless, reckless, or intentional actions, surviving family members are often left with two important questions: Is the responsible person going to be prosecuted? And do we have the right to file a wrongful death lawsuit?
While the same act may give rise to both a criminal case and a civil wrongful death claim, the two serve entirely different purposes and follow entirely different rules. Understanding how these cases work and how they interact can help families make informed decisions as they pursue justice, accountability, and financial stability after an unexpected loss.
If you lost a loved one due to the “wrongful act or neglect” (negligence) of another, contact the California trial attorneys at Kalfayan Merjanian, LLP, to speak with a skilled and compassionate California wrongful death lawyer.
How a Wrongful Death Can Lead to Criminal Charges
A wrongful death occurs when a person dies due to the negligence, recklessness, or wrongful act of another. In many cases, that same conduct also violates California’s criminal laws. Depending on the circumstances, prosecutors may file criminal charges in instances like the following, among others:
Drunk or reckless driving
A fatal crash caused by intoxicated, distracted, or extremely reckless driving can lead to charges such as vehicular manslaughter, DUI causing injury or death, or even second-degree murder under California’s “Watson murder” doctrine.
Criminally negligent property maintenance or security
If a property owner’s conduct rises from mere carelessness to criminal negligence, a fatal fall, structural collapse, or failure to provide basic security to prevent a foreseeable attack could trigger criminal charges.
Intentional acts or assaults
Shootings, stabbings, physical altercations, domestic violence, child abuse, or other intentional attacks that result in death are prosecuted as homicide, manslaughter, or murder.
Dangerous or illegal conduct
Street racing, violent crimes, drug-related activity, or violations of safety statutes can all lead to criminal prosecution when a death occurs.
In these scenarios, the State of California is responsible for bringing criminal charges. Surviving family members participate through victim-impact statements and input to prosecutors, but they do not control the criminal case.
Wrongful Death Lawsuits Are Civil, Not Criminal
A wrongful death lawsuit is always a civil case. It is filed by the surviving family members (or the personal representative of the estate) seeking compensation for the losses caused by the death.
While a criminal case aims to punish the wrongdoer, a wrongful death claim aims to:
- Compensate surviving family members for economic and emotional losses
- Hold a person or company financially accountable
- Provide financial support for the future
- Bring closure and civil justice when criminal laws may not apply or are not fully enforced
A civil wrongful death action is not about jail time or fines which go to the state. It is about justice and compensation for the family’s personal loss.
Different Burdens of Proof: Criminal vs. Civil Cases
One of the most important differences between criminal and civil cases is the burden of proof, meaning the level of certainty required to find a defendant responsible.
Criminal Cases: “Beyond a Reasonable Doubt”
Prosecutors must prove the defendant committed the crime beyond a reasonable doubt. This is the highest standard in the justice system. If the jury has any reasonable doubt, the defendant must be acquitted.
Civil Wrongful Death Cases: “Preponderance of the Evidence”
In a civil case, the family only needs to prove that it is more likely than not that the defendant’s conduct caused the death. This is a much lower standard. It is easier to prove but still leaves room for defendants to raise defenses and fight to escape liability.
Because of this difference, a person who is acquitted in criminal court can still be held liable in a wrongful death lawsuit. The most famous example is the O.J. Simpson case: he was acquitted criminally but held liable civilly. This happens because civil cases evaluate fault differently and require less certainty to reach a verdict.
Different Rights for Criminal Defendants vs. Civil Defendants
People accused of crimes have constitutional protections that do not apply in civil cases. Criminal defendants have:
- The right to an attorney appointed by the court
- The right to remain silent
- The right to a speedy trial
- The right to confrontation and cross-examination
- Protection against double jeopardy
Civil defendants, by contrast, do not have a right to free counsel, and they can be compelled to testify. They also face monetary penalties rather than incarceration.
How Criminal Cases Can Support a Wrongful Death Claim
A criminal case can significantly strengthen a civil wrongful death lawsuit, especially when the defendant is convicted. A conviction acts as powerful evidence in the civil claim because it shows the defendant’s conduct violated criminal law. The case itself often includes admissions or findings that support civil liability, and evidence uncovered by prosecutors may be available for the civil case. In addition, insurance companies often treat cases more seriously when their insured has been found guilty in a court of law.
Additionally, if a defendant pleads guilty or no contest, those admissions may be used in the civil claim as evidence of responsibility.
Should You Wait for the Criminal Case to Finish Before Filing a Civil Claim?
Not always, but sometimes it makes sense. Every case is different.
Reasons you might wait:
- You want to use testimony or evidence from the criminal proceeding
- The criminal case may result in a conviction that strengthens the civil case
- The defendant may invoke the Fifth Amendment and refuse to testify until the criminal matter ends
- A criminal prosecution may clarify what happened and who is responsible
Reasons you should not wait:
- California wrongful death claims have strict statutes of limitations
- Evidence can disappear quickly, especially in accident-related cases
- Insurance companies may delay, deny or challenge claims when civil action is postponed
- You must file a government claim within six months if a public agency is involved
A civil attorney can maintain your deadlines, investigate the case immediately, and still work cooperatively with prosecutors if a criminal case is pending.
A Criminal Case Is Not Required to Bring a Civil Wrongful Death Claim
Some wrongful death cases never result in criminal charges, not because the defendant is innocent, but because:
- Prosecutors do not believe they can meet the “beyond a reasonable doubt” standard
- The conduct, while negligent, does not rise to the level of a crime
- The responsible party is a corporation or entity, not an individual
- The evidence supports civil liability but not criminal intent
Even without criminal charges, families still have full rights to pursue civil damages.
Similarly, a defendant acquitted of criminal charges may still be found civilly liable because the civil burden of proof is much lower. A civil case can bring about justice even when the criminal system is not involved or does not result in a conviction.
Why You Need a Wrongful Death Attorney After a Loss
Wrongful death cases, especially those involving potential criminal charges, are legally complex. An experienced attorney can:
- Coordinate with prosecutors
- Preserve evidence from both criminal and civil investigations
- Protect your deadlines and filing requirements
- Build a strong case for compensation
- Communicate with insurance companies and corporate defendants
- Guide your family through both legal systems
Losing a loved one is devastating. You should not have to navigate two legal processes alone. A knowledgeable wrongful death lawyer can help you pursue the justice, accountability, and financial stability your family deserves. In California, contact Kalfayan Merjanian, LLP, for a free consultation to discuss your options and find out how we may be able to help you get justice for your loved one.
