When a fatal accident makes the news, it’s often the criminal side of the story that gets the headlines: an arrest, a DUI charge, a court date. But criminal charges are only one part of what can happen legally after someone dies because of another person’s actions. A separate, civil wrongful death claim can also be pursued by the surviving family, and it works differently from the criminal case in almost every respect. Understanding those differences helps families know what to actually expect.
Two Different Legal Systems, Two Different Purposes
Criminal charges and a wrongful death claim exist in entirely separate legal systems, each designed to accomplish something different. A criminal case is brought by the state and exists to punish someone for violating the law, whether through a fine, probation, or incarceration. A wrongful death claim is a civil lawsuit, and its purpose is to compensate the surviving family for the losses they’ve suffered because of their loved one’s death. Neither case is a substitute for the other, because they’re not trying to accomplish the same thing.
Who Actually Brings Each Case
In a criminal case, the prosecutor represents the state, not the victim’s family, and decides whether to file charges, what charges to pursue, and whether to offer a plea agreement. The family has no direct control over these decisions, even though they’re the ones who lost a loved one. A wrongful death claim, on the other hand, is brought directly by eligible surviving family members, or on behalf of the deceased person’s estate, giving the family a much more direct role in pursuing accountability and compensation.
The Standard of Proof Is Different
One of the most significant differences between the two processes is how much proof is required. A criminal conviction requires the state to prove guilt beyond a reasonable doubt, which is an intentionally high bar. A wrongful death claim only requires proving liability by a preponderance of the evidence, meaning it’s more likely than not that the at-fault party’s negligence caused the death. This lower standard is a major reason a wrongful death claim can succeed even in situations where a criminal case doesn’t result in a conviction, or isn’t pursued at all.
A Wrongful Death Claim Doesn’t Require Criminal Charges
Families are sometimes surprised to learn that a wrongful death claim can move forward whether or not criminal charges were ever filed. Prosecutors decide whether to pursue criminal charges based on a range of factors that have nothing to do with a family’s right to seek compensation. If no charges were filed, if charges were dropped, or if a criminal case ends in an acquittal, a family may still have a valid civil claim against the at-fault party, particularly in cases involving car accidents or truck accidents where negligence, rather than criminal intent, is often the central issue.
A Criminal Conviction Can Help a Civil Case, But It Isn’t the Whole Story
When a criminal case does result in a conviction, particularly for something like driving under the influence, reckless driving, or vehicular homicide, that outcome can serve as useful evidence in a related wrongful death claim. It doesn’t automatically win the civil case, since damages still have to be proven separately, but it can meaningfully strengthen the family’s position. It’s also worth understanding that a wrongful death claim can be pursued at the same time as an ongoing criminal case, rather than waiting for the criminal process to fully conclude first.
The Outcomes Look Completely Different
A criminal case can result in penalties like jail time, probation, fines paid to the state, or court-ordered classes, none of which provide direct financial support to the grieving family. A wrongful death claim, by contrast, can result in monetary compensation paid to the family for things like funeral expenses, lost financial support, and the loss of their loved one’s companionship. If a family needs actual financial recovery after a death, the civil wrongful death claim, not the criminal case, is the process that can provide it.
The Two Cases Often Move on Different Timelines
Criminal cases and civil wrongful death claims don’t necessarily move at the same pace. A criminal case may take months or longer to resolve depending on court schedules, plea negotiations, and whether it goes to trial. A civil claim has its own separate timeline and deadlines that families need to be aware of independently of what’s happening in any criminal proceeding. Waiting to see how a criminal case turns out before looking into a wrongful death claim can risk running into filing deadlines on the civil side.
Fatal Accidents Often Involve Both Processes
Many of the fatal accidents that lead to a wrongful death claim, including drunk driving crashes, cases involving catastrophic injuries that later prove fatal, or serious truck and 18-wheeler accidents involving reckless or unsafe practices, can also involve criminal charges against the at-fault driver or company. Families dealing with both a criminal case and the possibility of a civil claim often benefit from understanding early on that these are two separate paths, each requiring its own attention.
Why This Distinction Matters for Grieving Families
It’s easy to assume that if criminal charges were filed, a family’s need for a legal claim has already been addressed, or conversely, that no charges means there’s no legal recourse at all. Neither assumption is accurate. Understanding that a wrongful death claim exists independently of the criminal process helps families make informed decisions about pursuing the compensation they may be entitled to, regardless of how the criminal case unfolds.
Let Us Help You Understand Your Family’s Options
At Downs Law Firm, we help families throughout Monroe, West Monroe, Bastrop, and the surrounding Northeast Louisiana communities pursue wrongful death claims after fatal car accidents, truck accidents, and other catastrophic injuries, regardless of whether criminal charges were filed. Our attorneys can walk your family through how a wrongful death claim works, separately from any criminal proceedings connected to your loved one’s death.
