The Difference Between Criminal Charges And Wrongful Death Lawsuits

When someone dies because of another person’s negligence or intentional actions, families often wonder about their legal options. You might hear about criminal charges being filed. At the same time, you’re learning that you can pursue a wrongful death lawsuit.

These are two completely separate legal processes. They can happen simultaneously, but they serve very different purposes.

At Bennerotte & Associates, P.A., we help families understand how these two paths work and what each one actually means for their situation.

Criminal Cases Vs. Civil Cases

The main distinction? It comes down to who brings the case and what they’re trying to accomplish.

Criminal cases are brought by the state or federal government through a prosecutor. The goal is to punish the person who caused the death and protect society from future harm. If convicted, the defendant might face prison time, probation, or fines paid to the government. Sometimes all three. The family doesn’t control whether charges get filed or what happens with the case. That decision rests entirely with prosecutors.

Wrongful death lawsuits are civil cases. Your family or your loved one’s estate brings these cases. The goal isn’t punishment. It’s obtaining financial compensation for the losses you’ve suffered. We file these cases on behalf of families, and you maintain control over the process throughout. A St. Paul wrongful death lawyer can pursue this claim even if no criminal charges were ever filed.

Different Standards Of Proof

This part matters more than most people realize.

Criminal cases require proof “beyond a reasonable doubt.” That’s the highest standard in our legal system. The prosecutor must convince a jury there’s no reasonable doubt about the defendant’s guilt. It’s intentionally difficult.

Civil wrongful death cases use a lower standard called “preponderance of the evidence.” We only need to show that it’s more likely than not that the defendant’s actions caused your loved one’s death. Think of it as 51% versus 49%. This means we can win a wrongful death case even if the person was found not guilty in criminal court. Or even if they were never charged at all.

What Each Process Actually Provides

Criminal proceedings focus on punishment and justice in the traditional sense.

The outcomes include:

• Jail or prison sentences
• Criminal fines paid to the government
• Probation or community service
• A permanent criminal record for the defendant

Wrongful death lawsuits focus on something different. They’re about compensating your family for tangible and intangible losses. The compensation can cover medical expenses your loved one incurred before death, funeral and burial costs, lost income and financial support they would’ve provided, loss of companionship and guidance, and pain and suffering your family has endured. After the loss of a loved one, no amount of money stops the hurt, and we know that. However, financial compensation can be a solid step to relief from grief.

They Can Happen Simultaneously

Both processes can move forward at the same time, and they often do. Evidence gathered during a criminal investigation frequently helps strengthen a wrongful death claim. Police reports, witness statements, and forensic evidence can all support your civil case.

Criminal cases typically move faster than civil cases, though. Defendants have a constitutional right to a speedy trial in criminal court. No such requirement exists for civil cases. We sometimes wait for the criminal case to conclude before moving forward with settlement negotiations because a criminal conviction can make it substantially easier to prove liability in the civil case.

You Don’t Need Criminal Charges To File

Many families mistakenly believe they can’t pursue a wrongful death claim if no criminal charges were filed. That’s simply not true.

We can file a civil lawsuit even when the prosecutor decides not to bring criminal charges. There are several reasons this might happen. Maybe there’s insufficient evidence for the higher criminal standard. Perhaps statute of limitations issues exist in criminal court. Sometimes it’s just prosecutorial discretion. No matter what the reason is, you aren’t barred from seeking compensation through a claim in civil court.

The Family’s Role Differs Dramatically

In criminal cases, you’re witnesses and observers. The prosecutor makes all the decisions about charges, plea deals, and trial strategy. You can provide input through victim impact statements, but you don’t control the case. It can feel frustrating.

In wrongful death lawsuits, you’re the plaintiffs. You decide whether to file. You decide whether to accept a settlement offer. You decide whether to go to trial. A St. Paul wrongful death lawyer works directly for you and follows your instructions throughout the entire process. You’re in the driver’s seat.

Moving Forward After Loss

Understanding these differences helps families make informed decisions about their legal options. While a criminal conviction might provide a sense of justice, it won’t help with the financial burdens your family now faces. A wrongful death lawsuit addresses those practical needs while still holding the responsible party accountable for what they’ve done.

If you’ve lost a loved one due to someone else’s actions, we can explain how both processes might apply to your situation. We’ll help you understand what to expect from each path and answer the questions you’re probably afraid to ask. Contact our firm to discuss your family’s specific circumstances and learn about your options for seeking both justice and compensation.