When someone else’s action causes the death of a loved one, it can be frustrating for their loved ones when no one is arrested, charged or convicted of a crime. However, there is another way for family members to seek accountability—a wrongful death claim.
A civil wrongful death claim is separate from a criminal prosecution, and families may have legal options even when criminal charges are never filed, or the accused person is acquitted. Understanding the difference between civil and criminal cases can help families find justice.
What’s the difference between a civil case and a criminal case?
The same incident can lead to both a criminal prosecution and a wrongful death lawsuit, but they are two distinct legal proceedings with different purposes. The government brings a criminal case to determine whether a crime was committed. If the defendant is found guilty, they may face imprisonment, fines, probation or other penalties. A wrongful death lawsuit is a civil action brought by eligible surviving family members seeking financial compensation for losses resulting from a person’s death. A wrongful death claim may arise from negligence, medical malpractice or a car accident.
Because the two proceedings serve different purposes, a family doesn’t have to wait for a criminal conviction before considering a wrongful death claim.
One of the biggest differences between criminal and civil cases is the standard of proof. In a criminal prosecution, the government needs to prove the defendant’s guilt beyond a reasonable doubt. In a civil wrongful death lawsuit, the plaintiff usually proves the case by a preponderance of the evidence, which means the facts supporting the claim are more likely true than not.
Because standards differ, outcomes may also differ. A prosecutor may not be able to establish guilt beyond a reasonable doubt. At the same time, the evidence in a related civil case could still support a finding that the defendant caused the death.
If you have lost a loved one because of another person’s wrongful conduct, you may still have the right to seek compensation even if the responsible party wasn’t arrested or convicted. Speak with a legal professional about your situation. They can explain the legal options available and help you pursue accountability and compensation for your family’s loss.