The Difference Between a Wrongful Death Lawsuit and a Criminal Case

When someone dies because of another person’s negligence or deliberate actions, two separate legal processes can follow — a criminal case and a civil wrongful death lawsuit. Many families are surprised to learn these are completely independent of each other. Understanding how they differ can be the difference between getting justice and walking away with nothing. If your family is navigating this situation, speaking with a Wrongful Death Lawyer early on is one of the most important steps you can take.

Two Separate Legal Systems, Two Different Goals

The American legal system is divided into criminal law and civil law. They serve different purposes, follow different rules, and reach different outcomes — even when they involve the same incident.

A criminal case is brought by the government — the state or federal prosecutor — against the person accused of causing the death. The goal is punishment: jail time, fines, probation, or in the most serious cases, the death penalty. The victim’s family is not the plaintiff. They are witnesses. The case belongs to the state.

A wrongful death lawsuit is a civil claim brought by the surviving family members directly against the responsible party. The goal is not punishment — it is compensation. The family seeks financial damages to cover things like funeral expenses, lost income, medical bills incurred before death, and the loss of companionship.

These two cases can run simultaneously. They can also produce opposite results, which confuses many families.

Different Standards of Proof

This is where things get especially important to understand. Criminal cases require the prosecution to prove guilt beyond a reasonable doubt — the highest legal standard in the U.S. court system. That is a very hard bar to clear. It is intentionally difficult because a conviction can cost someone their freedom.

Civil wrongful death cases use a much lower standard: preponderance of the evidence. This simply means the plaintiff must show it is more likely than not — greater than 50% — that the defendant’s actions caused the death.

What this means in practice: a person can be acquitted in criminal court and still be found liable in a civil wrongful death case. The most cited example of this in American legal history is the O.J. Simpson case. Simpson was acquitted of murder in criminal court in 1995. The following year, a civil jury found him liable for the wrongful deaths of Nicole Brown Simpson and Ron Goldman and ordered him to pay $33.5 million in damages.

The families in that case did not need a criminal conviction. They needed the civil standard — and they met it.

Who Controls Each Case

In a criminal case, the family has no control over whether charges are filed, what charges are brought, or how the prosecution handles the case. That authority belongs entirely to the district attorney or prosecutor. Families often feel sidelined, and rightfully so — the criminal system is not designed to center them.

In a civil wrongful death claim, the family is the driving force. They hire legal counsel, they make strategic decisions, and they decide whether to accept a settlement or take the case to trial. Partnering with an experienced Wrongful Death Lawyer means having someone in your corner whose only job is to pursue the maximum recovery for your family — not to satisfy a broader public interest.

What Can a Criminal Conviction Do for a Civil Case?

A conviction in criminal court does not guarantee a win in civil court, but it can certainly help. If the defendant was convicted, that finding can be introduced as evidence in the civil case. It strengthens the plaintiff’s argument and can put significant pressure on the defendant to settle rather than face another courtroom loss.

On the flip side, a not-guilty verdict in criminal court does not prevent a civil case from moving forward. The two cases are legally independent. The family retains the right to sue regardless of what happens in criminal proceedings.

Types of Damages in a Wrongful Death Case

Because a civil case focuses on compensation rather than punishment, the damages are specific to what the family actually lost. These typically include:

• Economic damages: Lost wages and benefits the deceased would have earned, medical expenses between the incident and death, and funeral and burial costs.
• Non-economic damages: Loss of companionship, guidance, care, and emotional support — particularly important for spouses and young children.
• Punitive damages: In cases involving especially reckless or intentional conduct, a court may award additional damages meant to punish the defendant and deter similar behavior.

Missouri, for example, places no cap on economic or non-economic damages in most wrongful death cases — though medical malpractice deaths carry a non-economic cap that adjusts for inflation.

The Statute of Limitations: Don’t Wait

Whether or not a criminal case is ongoing, the clock on a civil wrongful death claim starts ticking from the date of death. In Missouri, families have three years to file. Missing that deadline typically means losing the right to pursue compensation entirely.

Waiting to see how the criminal case plays out before consulting a civil attorney is a common — and costly — mistake. The two processes do not need to follow each other sequentially. Families can pursue a civil claim at any point, even while a criminal trial is ongoing.

If your family is dealing with the aftermath of a fatal accident caused by someone else’s negligence or wrongdoing, consulting a qualified Wrongful Death Lawyer as soon as possible gives you the best chance of preserving evidence, meeting legal deadlines, and securing the compensation your family deserves.

Final Thoughts

A criminal case and a wrongful death lawsuit are not the same thing, and one does not replace the other. Criminal prosecution is about accountability to society. A wrongful death claim is about accountability to the family. Both can — and often should — happen at the same time.

Families who understand this distinction are better positioned to act quickly, make informed decisions, and pursue every avenue available to them under the law. If you have lost someone due to another party’s actions, you have legal options beyond whatever the prosecutor decides to do. Those options are yours to exercise.