When a loved one dies because of another person’s misconduct or negligence, families often expect the criminal justice system to hold the responsible party accountable. However, there are many situations in which the prosecutor decides not to pursue criminal charges or in which criminal charges don’t result in a conviction.
Understandably, the grieving family has cause to be upset. But it doesn’t mean they are out of options. Even if no one is arrested or convicted, family members may still have the right to pursue compensation through the civil court system.
Criminal cases versus civil cases
Even though they may arise from the same incident, criminal cases and wrongful death lawsuits have different goals. The government brings a criminal case to determine whether a person committed a crime. If convicted, the defendant may face penalties such as imprisonment, probation or fines.
On the other hand, a wrongful death claim is a civil lawsuit brought by family members or the representative of the deceased person’s estate. Its purpose is to seek compensation for the losses caused by the death and to hold the responsible party financially accountable.
These two types of cases serve different purposes; therefore, one doesn’t depend on the other. One of the biggest differences between a criminal and civil case is the amount of proof required. In a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt, which is the highest legal standard.
In a wrongful death lawsuit, the plaintiff must prove the case by a preponderance of the evidence, which means showing that it is more likely than not that the defendant’s misconduct or negligence caused the death. Since this is a lower legal standard, a wrongful death claim is sometimes successful where a criminal case is not.
Losing a loved one is overwhelming, and grieving families sometimes feel let down by the criminal justice system. And while a wrongful death lawsuit can’t undo a tragedy, it can bring financial support, provide accountability and help families seek justice.