Is Wrongful Death Civil or Criminal? Key Differences

TL;DR:

A wrongful death claim is a civil case, not a criminal one. It is filed by the deceased person’s family or estate representative in civil court to seek monetary damages from the party responsible for the death. While the same act can lead to a separate criminal case, such as manslaughter or murder brought by the state, the wrongful death lawsuit is a distinct civil action focused on financial compensation for the survivors.

When a person’s life is cut short due to someone else’s actions, the legal system offers two separate and distinct paths for justice. This often creates confusion for grieving families who hear terms like “charges,” “lawsuit,” “prosecutor,” and “damages” used in relation to the same event. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries are a leading cause of death in the United States, with millions of incidents resulting from negligence each year. Many of these incidents give rise to complex legal questions about accountability, and understanding the different types of legal proceedings is the first step for any family seeking answers.

The entire American legal system is built on two primary pillars: civil law and criminal law. Criminal law is what most people see on television; it involves the government (the state or federal prosecutor) bringing charges against an individual or entity for committing a crime that harms society as a whole. The goal is punishment, such as imprisonment or fines. Civil law, on the other hand, handles disputes between private parties. The goal is not to punish but to compensate one party for the harm caused by another. Clarifying whether a wrongful death action falls under criminal or civil law is essential, as it determines who brings the case, what must be proven, and what the ultimate outcome can be.

The Core Distinction: Civil vs. Criminal Law Explained

To understand where a wrongful death claim fits, you first need to grasp the fundamental differences between civil and criminal court. These two systems operate in parallel, with different rules, goals, and standards of proof. An act of negligence or misconduct can easily trigger proceedings in both courts at the same time.

What Defines a Civil Case?

A civil case is a legal dispute between two or more private parties, which can be individuals, businesses, or other organizations. The person who files the lawsuit is called the plaintiff, and the person being sued is the defendant. The purpose of a civil lawsuit is to resolve a disagreement, typically over money or property.

Key characteristics of a civil case include:

Purpose: To compensate the victim for their losses (damages). The goal is to make the plaintiff “whole” again from a financial perspective.
Parties Involved: A private plaintiff against a private defendant. The government is not a party unless it is being sued.
Outcome: The defendant is found “liable” or “not liable.” If found liable, they are ordered to pay monetary damages. There is no jail time or criminal record associated with a civil judgment.
Burden of Proof: The standard is a “preponderance of the evidence.” This means the plaintiff must prove that it is more likely than not (a greater than 50% chance) that their claim is true.

What Defines a Criminal Case?

A criminal case is initiated by the government (a prosecutor) on behalf of the people or “the state.” It alleges that the defendant has committed a crime as defined by state or federal law. These are acts considered harmful to society as a whole, not just an individual victim.

Key characteristics of a criminal case include:

Purpose: To punish the wrongdoer and deter future criminal behavior. The focus is on retribution and public safety.
Parties Involved: The government (prosecution) against a defendant. The victim is a witness for the state but does not control the case.
Outcome: The defendant is found “guilty” or “not guilty.” A guilty verdict can result in penalties like fines, probation, or imprisonment.
Burden of Proof: The standard is “beyond a reasonable doubt.” This is the highest legal standard, requiring the prosecutor to present evidence so convincing that there is no other logical explanation for the facts except that the defendant committed the crime.

Why This Difference Matters for Wrongful Death

The distinction is critical because a single act, like a fatal drunk driving collision, can lead to both types of cases. The state prosecutor can charge the drunk driver with vehicular manslaughter or murder (a criminal case). At the same time, the deceased person’s family can file a wrongful death lawsuit against the driver (a civil case). The two cases proceed independently, and the outcome of one does not necessarily determine the outcome of the other.

Defining Wrongful Death as a Civil Action

A wrongful death claim is firmly a civil action. It is a specific type of personal injury lawsuit that arises when a person dies as a result of the legal fault of another person or entity. This “legal fault” can be based on negligence, such as a careless driver causing a fatal accident, or an intentional act, like an assault.

The Legal Basis of a Wrongful Death Claim

Historically, under old English common law, a personal injury claim died with the person. To fix this injustice, states enacted “wrongful death statutes.” These laws create a legal cause of action that allows surviving family members or the decedent’s estate to sue for the losses they have suffered due to the death. The primary purpose of these statutes is not to punish the person who caused the death but to provide financial relief to the family members who depended on the deceased for financial and emotional support. The lawsuit seeks to shift the financial burdens caused by the death onto the responsible party.

Who Can File a Wrongful Death Lawsuit?

The rules on who is eligible to file a wrongful death claim vary by state. Generally, the right is limited to close family members or a representative of the deceased person’s estate. Common eligible parties include:

Surviving Spouse: The husband or wife of the deceased.
Children: Both minor and adult children.
Parents: Especially if the deceased was a minor.
Personal Representative: The executor or administrator of the deceased’s estate may file on behalf of all beneficiaries.

In some states, more distant relatives like siblings or grandparents may be able to file a claim under specific circumstances, such as if there are no closer surviving relatives.

Elements Needed to Prove a Wrongful Death Case

To win a wrongful death lawsuit, the plaintiff must prove four key elements by a preponderance of the evidence:

Duty of Care: The defendant owed the deceased a legal duty to act with reasonable care. (e.g., a driver has a duty to obey traffic laws).
Breach of Duty: The defendant failed to meet that duty through a negligent or intentional act. (e.g., the driver was speeding or texting).
Causation: This breach of duty directly caused the person’s death. (e.g., the collision resulting from the speeding directly led to the fatal injuries).
Damages: The death resulted in quantifiable damages for the surviving family members. (e.g., lost income, funeral costs, loss of companionship).

The Parallel Path: Criminal Charges for the Same Act

While the wrongful death lawsuit proceeds in civil court, the district attorney’s office may be pursuing a completely separate case in criminal court. The existence of a criminal case does not prevent a family from filing a civil suit, and vice versa. In fact, the two often run on parallel tracks.

Common Criminal Charges Related to Wrongful Death

When a person’s death is caused by another’s actions, a prosecutor may file serious criminal charges. The specific charge depends on the defendant’s state of mind and the level of recklessness involved. Common charges include:

Involuntary Manslaughter: An unintentional killing that results from recklessness or criminal negligence.
Voluntary Manslaughter: An intentional killing “in the heat of passion” with adequate provocation.
Vehicular Homicide: A death caused by the grossly negligent or illegal operation of a motor vehicle.
Murder (First or Second Degree): An intentional killing with malice aforethought or an act so dangerous it shows a depraved indifference to human life.

How a Criminal Case Can Impact a Civil Claim

The two cases can influence each other. If the defendant is found guilty in the criminal case, that conviction can be used as powerful evidence in the civil wrongful death lawsuit. This is because the “beyond a reasonable doubt” standard is much harder to meet. If a jury found the defendant guilty under that high standard, it becomes much easier for a civil jury to find them liable under the lower “preponderance of the evidence” standard.

However, the reverse is not true. If a defendant is acquitted (found not guilty) in a criminal trial, the family can still proceed with and win their civil wrongful death lawsuit. The different burdens of proof make this possible.

The O.J. Simpson Case: A Famous Example

The most famous illustration of this principle is the O.J. Simpson case. In 1995, Simpson was acquitted in criminal court of the murders of Nicole Brown Simpson and Ron Goldman. The prosecution failed to convince the jury of his guilt “beyond a reasonable doubt.”

Following the criminal trial, the families of the victims filed a wrongful death lawsuit against Simpson in civil court. In 1997, a civil jury found him liable for their deaths. The plaintiffs’ attorneys only had to prove it was “more likely than not” that he was responsible. The civil jury ordered him to pay $33.5 million in damages to the families. This case perfectly demonstrates how the two legal systems can arrive at different outcomes based on the same set of facts due to their different rules and standards.

Key Differences in Process and Outcomes

Understanding the practical differences between a wrongful death civil suit and a related criminal case is vital for families. The distinctions affect everything from who is in control to the final result.

Burden of Proof: Preponderance vs. Beyond a Reasonable Doubt

This is the most significant difference. Imagine a scale of justice. In a civil case, the plaintiff only needs to tip the scale slightly in their favor (50.1%) to win. This is the preponderance of the evidence standard. They just need to show their version of events is more believable than the defendant’s.

In a criminal case, the prosecutor must tip the scale almost all the way. The evidence must be so strong that there is no other reasonable explanation for what happened. This is the beyond a reasonable doubt standard. This high bar is in place to protect the accused from being wrongly deprived of their liberty.

The Goals: Compensation vs. Punishment

The objectives of the two systems are entirely different.

Civil Wrongful Death Case: The goal is compensation. The lawsuit is designed to secure financial resources for the family to cover tangible losses like funeral expenses and lost income, as well as intangible losses like the loss of a loved one’s companionship and guidance.
Criminal Case: The goal is punishment. The prosecutor seeks to hold the defendant accountable to society for breaking the law. The outcome is a penalty, such as jail or prison time, fines paid to the state, and a permanent criminal record.

Who Controls the Case: The Family vs. The State

This is a crucial point of empowerment for the family.

Civil Case: The family (the plaintiffs) and their attorney are in control. They make the key decisions: when to file the lawsuit, whether to accept a settlement offer, and whether to take the case to trial.
Criminal Case: The prosecutor, an agent of the state, is in control. The family members are witnesses, but they do not get to decide whether to file charges, what charges to file, or whether to accept a plea bargain. The prosecutor makes these decisions based on the evidence and the public interest.

Types of Damages Available in a Wrongful Death Lawsuit

In a successful wrongful death lawsuit, the court orders the defendant to pay damages to the surviving family members. These damages are categorized to cover different types of losses.

Economic Damages: Quantifiable Financial Losses

These are the tangible, calculable financial losses that resulted from the death. They are meant to restore the family to the financial position they would have been in had their loved one survived. Examples include:

The deceased person’s lost wages and future earning capacity.
Loss of benefits, such as health insurance or a pension.
Medical expenses incurred by the deceased before their death.
Funeral and burial expenses.
The value of lost household services the deceased provided (e.g., childcare, home maintenance).

Non-Economic Damages: Intangible Losses

These damages compensate the family for the profound, intangible losses that are much harder to put a price on. They acknowledge the deep emotional and personal impact of the death. Examples include:

The survivors’ mental anguish and emotional pain and suffering.
Loss of companionship, comfort, and society.
Loss of guidance and instruction (particularly for surviving children).
Loss of consortium (for a surviving spouse).

Punitive Damages: Punishing Gross Negligence

In some cases, a court may award punitive damages. These are not designed to compensate the family but to punish the defendant for particularly reckless, malicious, or egregious behavior. The goal is to deter the defendant and others from similar conduct in the future. Punitive damages are not available in every case and are often subject to state-imposed caps. They are typically reserved for situations involving extreme misconduct, such as a company knowingly selling a dangerous product that causes a death.

The Statute of Limitations: A Critical Deadline

For any civil lawsuit, including wrongful death, there is a strict deadline for filing the case. This deadline is known as the statute of limitations.

What is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings. The clock usually starts ticking from the date of the injury or, in a wrongful death case, the date of the person’s death. The purpose of these laws is to ensure that legal claims are brought forward while evidence is still fresh and witnesses’ memories are reliable.

How Long Do You Have to File a Wrongful Death Claim?

The time limit for filing a wrongful death claim varies significantly from one state to another. In most states, the statute of limitations is between one and three years from the date of death. For example, some states have a two-year deadline, while others may allow three years. There can be exceptions that extend the deadline, such as the “discovery rule,” which might apply if the cause of death was not immediately known. However, these exceptions are rare and complex.

Why This Deadline is So Important

The statute of limitations is an absolute bar to recovery. If a family fails to file their wrongful death lawsuit within the legally mandated time frame, they will lose their right to seek compensation forever, no matter how strong their case is. The court will dismiss the case without ever hearing its merits. For this reason, it is absolutely critical for a family to consult with an experienced attorney as soon as possible after a loved one’s death to ensure they protect their legal rights and meet all necessary deadlines.

Conclusion

The legal journey following the loss of a loved one is complex, but understanding the system is the first step toward seeking justice. A wrongful death claim is a civil action, entirely separate from any criminal proceedings the state might pursue. This civil lawsuit is controlled by the family, its goal is financial compensation for their immense losses, and it is decided based on a lower burden of proof than a criminal case. The same tragic event can rightfully lead to both a criminal prosecution to punish the offender and a civil lawsuit to support the surviving family.

Knowing that wrongful death is a civil matter empowers families to take action to protect their future. By understanding their rights, the types of damages they can recover, and the critical deadlines they face, families can make informed decisions during a difficult time. If your family is facing this situation, the most important step is to speak with a qualified wrongful death attorney. They can explain the specific laws in your state, evaluate your case, and guide you through the process of holding the responsible party accountable. Contact us for free consultation today.

Is Wrongful Death a Civil or Criminal Case?