When a death results from criminal conduct—murder, manslaughter, vehicular homicide, or other criminal acts—families may pursue both criminal prosecution and civil wrongful death claims. These are separate legal proceedings with different purposes, standards, and outcomes, and success in one doesn't guarantee success in the other.

Criminal vs. Civil Proceedings

Different Purposes

Criminal cases are brought by the government to punish wrongdoers and protect society. The goal is imprisonment, fines, or other penalties—not compensation for victims.

Civil wrongful death cases are brought by families to obtain financial compensation for their losses. The goal is money damages, not criminal punishment.

Different Parties

In criminal cases, the prosecutor represents the state, not the victim's family. Families have limited control over whether charges are filed, what charges are pursued, or whether plea bargains are accepted.

In civil cases, families control the litigation through their attorneys, deciding whether to sue, whom to sue, and whether to settle.

Different Standards of Proof

This is the crucial difference:

  • Criminal cases require proof "beyond a reasonable doubt"—the highest standard in law
  • Civil cases require only proof by "preponderance of the evidence"—more likely than not (essentially, greater than 50%)

The lower civil standard means families can win wrongful death cases even when criminal prosecutions fail.

The O.J. Simpson Example

The most famous illustration of this principle is the O.J. Simpson case. Simpson was acquitted of murder in criminal court but found liable for wrongful death in civil court. The different outcomes reflected:

  • Different burdens of proof
  • Different rules of evidence
  • Different jury instructions
  • Simpson's ability to be compelled to testify in the civil case

How Criminal Proceedings Affect Civil Cases

Criminal Convictions Help Civil Cases

When defendants are convicted of crimes causing death, the conviction can benefit the civil case through:

  • Collateral estoppel – The criminal conviction may establish liability issues in the civil case
  • Evidence – Evidence developed in the criminal case can be used civilly
  • Guilty pleas – Admissions in criminal proceedings may be admissible in civil court
  • Settlement leverage – Convicted defendants may be more willing to settle

Criminal Acquittals Don't Bar Civil Claims

A "not guilty" verdict doesn't mean the defendant is innocent—only that the prosecution couldn't prove guilt beyond a reasonable doubt. Civil cases can proceed and succeed regardless of criminal acquittal.

No Charges Filed

Prosecutors may decline to file charges due to:

  • Insufficient evidence for criminal standard
  • Resource limitations
  • Prosecutorial discretion

Families can still pursue civil wrongful death claims even when no criminal charges are ever filed.

Timing Issues

Parallel Proceedings

Criminal and civil cases can proceed simultaneously, but practical considerations may affect timing:

  • Criminal cases typically have speedy trial requirements and proceed first
  • Civil cases may be stayed (paused) pending criminal resolution
  • Defendants may invoke Fifth Amendment rights in civil discovery during pending criminal cases

Waiting for Criminal Resolution

Families sometimes wait for criminal case outcomes before pursuing civil claims because:

  • A conviction strengthens the civil case
  • Criminal discovery may produce useful evidence
  • Defendants can't invoke Fifth Amendment after criminal case concludes

However, statute of limitations deadlines don't pause during criminal proceedings—families must protect civil deadlines regardless of criminal case timing.

Evidence Considerations

Evidence Available in Civil Cases

Civil cases may access evidence unavailable or excluded in criminal cases:

  • Evidence suppressed on constitutional grounds in criminal court may be admissible civilly
  • Defendants can be compelled to testify in civil cases (no Fifth Amendment protection if no pending criminal exposure)
  • Civil discovery rules may be broader than criminal discovery

Police and Investigation Records

Criminal investigations produce evidence useful in civil cases:

  • Police reports
  • Witness statements
  • Physical evidence analysis
  • Autopsy reports

Different Potential Outcomes

Criminal Case Outcomes

  • Conviction – Imprisonment, fines, probation
  • Acquittal – Defendant goes free
  • Plea bargain – Reduced charges or sentence
  • Dismissal – Charges dropped

None of these outcomes provide financial compensation to families.

Civil Case Outcomes

  • Settlement – Negotiated payment to family
  • Verdict – Jury or judge awards damages
  • Dismissal – Case fails

Civil outcomes provide money damages but no criminal punishment.

Restitution vs. Civil Damages

Criminal courts sometimes order restitution—payment to victims as part of the sentence. However:

  • Restitution is typically limited to direct financial losses
  • Amounts are usually far less than civil wrongful death damages
  • Collection depends on the defendant's ability to pay
  • Restitution doesn't include pain and suffering or loss of companionship

Restitution is no substitute for civil wrongful death recovery.

Punitive Damages

Civil wrongful death cases arising from criminal conduct often support punitive damages—additional compensation intended to punish egregious behavior. Criminal conduct clearly qualifies for punitive damages in most jurisdictions.

Practical Considerations

Defendant Assets

Individual criminals may have limited assets. Families should consider:

  • Does the defendant have insurance that might cover the claim?
  • Are there other liable parties (employers, property owners)?
  • Does the defendant have assets worth pursuing?

Emotional Considerations

Pursuing civil claims means reliving the death through litigation—discovery, depositions, and potentially trial. Families must weigh the potential recovery against emotional costs.

Coordination with Prosecutors

While families don't control criminal cases, maintaining contact with prosecutors can help coordinate timing and share information.

Conclusion

When criminal conduct causes death, families have two separate paths to justice: criminal prosecution through the government and civil wrongful death claims they control themselves. These proceedings are independent—a criminal acquittal doesn't prevent civil recovery, and civil damages don't satisfy criminal punishment.

Families who lose loved ones to criminal acts should consult both prosecutors (regarding criminal charges) and civil wrongful death attorneys (regarding compensation claims) to understand all available options for holding the responsible party accountable.