The Difference Between Criminal and Civil Wrongful Death Charges

When you lose someone unexpectedly, your brain goes into survival mode. You’re trying to hold your family together while also dealing with investigators, insurance calls, and paperwork you never asked for. Fortunately, the District Attorney is filing charges against the negligent party, so you won’t have to worry about filing a wrongful death claim. Right?

Wrong. Unfortunately, many grieving relatives misunderstand that criminal charges and civil wrongful death claims are not the same thing. The criminal court seeks to punish the offender, but not to get compensation for your family. 

Key differences: Criminal Charges vs. Civil Wrongful Death

• Purpose: Criminal charges punish the offender; civil wrongful death seeks financial justice for the family.
• Who files: The District Attorney prosecutes criminal cases; the deceased’s next of kin file civil wrongful death claims.
• Outcome: Criminal cases can lead to jail, fines, or probation; civil cases pursue compensation for losses (income, services, funeral costs, companionship).
• Evidence/Timing: Civil claims can proceed even during a criminal investigation and often benefit from evidence and testimony from the criminal case.
• Dependency: A civil case doesn’t require criminal charges or a conviction to succeed; restitution in criminal court is limited and unpredictable.

Want the full context and examples? Read the complete article to see how each path works and when to pursue both.

The Simple Difference: Punishment vs. Financial Justice

Here’s the basic difference between criminal and civil cases: The state prosecutes the crime. A wrongful death attorney pursues financial justice.

Criminal Case (Run by the District Attorney)

Criminal cases are about protecting society and holding someone accountable through punishment. The criminal case focuses on questions like:

• Did someone break the law?
• Should they be convicted?
• Should they go to jail or prison?
• Should they be on probation?
• Should they pay fines?

Civil Wrongful Death Case (Brought by the Family)

Civil cases are about addressing the impact on your family, not criminal penalties. A wrongful death claim is a civil case filed by the next of kin, and focuses on questions like:

• Did someone’s negligence cause your loved one’s death?
• What has your family lost financially and emotionally?
• What compensation is fair and necessary moving forward?

Does a Criminal Case Help the Family?

Not financially. Even when criminal charges are filed, families are often shocked to learn:

• The court is not going to pay your bills. If someone tells you “the DA is handling it,” that does not mean your family will collect any payment. Even criminal convictions don’t automatically result in a settlement check.
• The DA does not recover lost income for your household. Filing a wrongful death claim is how families pursue real compensation, especially when the loss affects the family’s long-term stability.
• You can’t rely on restitution alone. Sometimes restitution is ordered in a criminal case, but it’s unpredictable, limited, and often depends on whether the defendant actually has the ability to pay.

What If There’s a Trial or Criminal Investigation Pending?

You can still pursue a civil case while a criminal case is ongoing. In many situations, it’s smart to speak with a wrongful death lawyer in these cases, because:

Evidence Is Being Collected

Your civil case can sometimes benefit from what is uncovered, documented, or established during the criminal process. Criminal cases trigger in-depth investigation. That often results in the discovery of evidence that is extremely useful in a civil case—especially when the defense later tries to rewrite what happened.

Witnesses May Testify Under Oath

In a criminal case, witnesses may be required to appear and testify. That helps your civil case because it establishes:

• Timelines. Evidence from multiple sources builds a timeline of events that’s difficult for insurers to dispute.
• Details that are hard to “walk back” later. If the defendant (or witnesses) changes their story in civil court, your attorney can point to what they said under oath in the criminal trial.

A Conviction Could Be Powerful Leverage

Even though a conviction doesn’t automatically result in payment for your family, it can push the civil case toward a quicker, stronger resolution. If the defendant is convicted (especially of DUI, reckless driving, or vehicular manslaughter), that outcome can strengthen your civil claim because it:

• Supports the argument that they were at fault
• Makes it harder for the defense to deny responsibility
• Increases pressure to settle (rather than risk a jury hearing your story and awarding you a large civil verdict)

You Can Have a Wrongful Death Case Even Without Criminal Charges

A California wrongful death claim does not require criminal charges. A person can cause a fatal crash and never face criminal court—but still be held responsible in civil court.

For example:

• A driver wasn’t drunk, but they were distracted
• A trucking company pushed unsafe schedules
• A property owner failed to fix hazardous conditions
• A nursing home facility missed warning signs

Civil claims are based on responsibility and harm, not whether someone gets arrested.

You don’t need to have everything figured out to speak with a lawyer. If something seems “off” about your loved one’s death, it’s worth getting the facts reviewed.

What Compensation Can a Civil Wrongful Death Claim Provide?

Wrongful death compensation is meant to cover what your family has lost, as well as what you may continue to lose. Depending on your situation, compensation can include:

Loss of Financial Support

If your loved one contributed income, benefits, or financial stability, that loss matters.

Loss of Household Services

Many people contribute with things besides a paycheck: childcare, transportation, home maintenance, caregiving, and more. Civil claims recognize that value.

Funeral and Burial Costs

These expenses hit fast, and families often pay out of pocket.

Loss of Companionship and Guidance

Your family lost love, care, protection, and emotional support. That matters in civil court, even if criminal court never addresses it.

Loss of Future Support

Wrongful death cases are forward-looking. The goal is not just “what happened,” but what your family will need going forward.

Talk to Us Before More Time Passes

If your loved one died because someone else made a reckless, careless, or preventable mistake, you deserve more than a courtroom sentence. If you’re unsure whether you have a wrongful death case, we can review the facts at no cost before deadlines pass and evidence fades. Contact Chain | Cohn | Clark for a free case review.