Two Different Processes With Two Different Goals
When someone dies due to another person’s negligent or intentional conduct in Minnesota, two separate types of legal proceedings may follow. A criminal prosecution brought by the state addresses punishment for the individual who caused the death. A civil wrongful death claim brought by surviving family members seeks financial compensation for the losses the family has suffered as a result of that death.
These are entirely independent processes. They operate under different rules, apply different standards of proof, and serve different objectives. Understanding the distinction, and how the two proceedings may interact, is something families in Burnsville often need to work through before deciding how to move forward.
A Burnsville wrongful death lawyer can help a family pursue civil accountability regardless of what is happening in any parallel criminal proceeding.
The Standard of Proof Makes a Critical Difference
The most fundamental distinction between a criminal case and a civil wrongful death claim is the burden of proof each side must meet.
In a criminal case, the prosecution must prove every element of the crime beyond a reasonable doubt. This is the highest standard in the American legal system, designed to protect individuals from wrongful conviction. A jury that has any meaningful doubt about guilt must acquit.
In a civil wrongful death claim, the plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the death. This is a significantly lower threshold. A defendant can be acquitted in criminal court and still be found civilly liable for the same death under the civil standard.
The O.J. Simpson cases represent the most widely recognized example of this principle in American legal history. A criminal jury acquitted him in 1995, and a civil jury found him liable for wrongful death in 1997. Different standards applied to the same underlying events and produced different outcomes.
How Criminal Proceedings Affect a Civil Claim
A criminal conviction can benefit a civil wrongful death case through the doctrine of collateral estoppel, which prevents relitigation of facts already established in a prior proceeding. A conviction for conduct causing the death can establish key liability facts that the civil plaintiff may then rely upon without re-proving them from scratch.
A criminal acquittal does not prevent a civil wrongful death case from proceeding. It means only that guilt was not proven beyond a reasonable doubt, not that the defendant did not cause the death.
Minnesota Statute Section 573.02 governs wrongful death claims in the state, establishing who may bring a claim, the damages available, and the applicable filing deadlines.
Why Waiting for Criminal Proceedings to Conclude Is Risky
Wrongful death claims in Minnesota have a filing deadline, and delaying a civil case while waiting for criminal proceedings to conclude can jeopardize that right entirely. Evidence can become unavailable, witnesses are harder to locate, and records may be lost. Families should speak with a civil attorney early rather than assuming the criminal process protects their civil options.
The attorneys at Bennerotte & Associates, P.A. have represented Minnesota families in wrongful death cases across a full range of circumstances, including cases that ran parallel to criminal proceedings against the at-fault party. If you lost a loved one due to someone else’s conduct, speaking with a Burnsville wrongful death lawyer gives your family a clear understanding of your civil options and how to protect them regardless of what happens in any criminal case.
