When a death is caused by drunk driving, reckless conduct, or another potentially criminal act, families often wonder how the criminal case relates to their own right to compensation. Speaking with a wrongful death lawyer in Newport Beach can clarify that these are two separate processes with different goals, different standards of proof, and different outcomes, and that one does not automatically determine the other.
The Difference Between a Criminal Case and a Civil Claim
A criminal case is brought by the government, typically the district attorney’s office, against the person accused of a crime. Its purpose is to determine guilt and impose punishment, such as jail time, probation, or fines. The family does not control the criminal case, although they may participate as victims and may be able to request restitution.
A civil wrongful death claim, by contrast, is brought by the family. Its purpose is to obtain financial compensation for the losses caused by the death. The family and its legal team control the civil case, including decisions about settlement and whether to proceed to trial.
The burden of proof differs significantly. A criminal conviction requires proof beyond a reasonable doubt, the highest standard in the legal system. A civil claim requires only a preponderance of the evidence, meaning it is more likely than not that the defendant was responsible. This is why a civil claim can succeed even if criminal charges are reduced or result in acquittal.
A criminal conviction can, however, be helpful in the civil case. Evidence gathered by police and prosecutors may support the civil claim, and certain convictions can make it much harder for the defendant to deny responsibility.
Timing can be complicated. Criminal proceedings sometimes move slowly, and defendants may be reluctant to testify in a civil case while criminal charges are pending. However, the civil filing deadline continues to run, so families should not assume they must wait for the criminal case to end.
Because the two cases can overlap in evidence, witnesses, and scheduling, careful coordination helps protect the family’s civil claim while respecting the criminal process that is unfolding at the same time.
Criminal and civil cases serve different purposes, and both can play a role after a wrongful death. Understanding how they interact helps families pursue accountability through the criminal system while also protecting their right to compensation. Taking early steps to preserve the civil claim ensures that the outcome of one process does not unintentionally limit the other.
