When a family loses a loved one due to someone else’s actions, the road to justice often involves both the criminal and civil court systems. Working with our Hawthorne, CA wrongful death lawyer can help families understand the differences between these legal paths. At Weinberg Law Offices, we put your needs first. You first, always. We treat every case like it’s personal, because to you, it is. Guidance through every step is our commitment—no games, just results. If fair offers aren’t made, we take your fight to court.
Criminal Charges In Wrongful Death Cases
Criminal charges following a wrongful death are pursued by the state against the individual or entity believed responsible. These cases focus on punishment—incarceration, probation, or fines—because the goal is to hold the wrongdoer accountable to society. For example, if a drunk driver causes a fatal crash, prosecutors may file charges such as vehicular manslaughter or DUI homicide. Importantly, families do not control criminal cases, even though the outcome directly affects them. While a conviction can provide a sense of justice, criminal proceedings rarely address the financial burdens a grieving family faces.
Civil Wrongful Death Claims
Civil wrongful death cases are separate actions, filed by the surviving family members or the estate of the deceased. These cases aim to hold the at-fault party financially responsible for the harm caused. Compensation can include funeral expenses, lost income, and the emotional loss of companionship. Unlike criminal prosecutions, civil claims place the power directly in the hands of families. Even if prosecutors decide not to file charges—or if a jury finds the defendant not guilty—families still have the right to bring a wrongful death lawsuit.
The Burden Of Proof Difference
One of the most significant distinctions between criminal and civil wrongful death cases is the burden of proof. Criminal cases require proof “beyond a reasonable doubt,” the highest legal standard. Civil claims, by contrast, require proof by a “preponderance of the evidence,” which means showing it is more likely than not that the defendant’s conduct caused the death. This difference explains why families may still succeed in civil court even if criminal charges do not result in a conviction. The well-known O.J. Simpson case is one example where civil liability was found despite criminal acquittal.
How Civil And Criminal Cases Interact
While criminal and civil cases are distinct, they often influence each other. Evidence uncovered in a criminal investigation may strengthen a civil claim. Similarly, a criminal conviction can serve as powerful support in a civil wrongful death case. At the same time, families must be careful with timing—statutes of limitations apply to civil claims, and waiting for a criminal case to finish may put their rights at risk. Experienced personal injury attorneys help families coordinate both legal processes to pursue justice on all fronts.
Why Families Pursue Both Paths
Families often find value in pursuing both criminal accountability and civil compensation. The criminal process may validate their loss by confirming wrongful conduct occurred, while the civil process addresses the practical and financial impacts left behind. Together, these avenues offer a fuller picture of justice—punishment for the wrongdoer and support for the survivors. Families should not feel limited to one legal path. Instead, they deserve the opportunity to seek every available form of justice after a wrongful death.
Finding Justice After Wrongful Death
At Weinberg Law Offices, we understand the emotional and financial toll a wrongful death leaves behind. Our attorneys provide legal services in multiple languages—English, Spanish, and Hebrew—so that every family can feel supported and understood throughout the process. If you are considering taking legal action, know that you owe nothing upfront. We work on a contingency basis, meaning you only pay if we win your case. Schedule your free consultation today and let us help you move forward with strength and clarity.
Disclaimer: This content should not be construed as legal advice.
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