There are many wrongful death accidents where the at-fault party is charged criminally for their actions. One common example of this type of case is a DUI accident where the at-fault driver is charged with driving under the influence.

In most cases, the criminal case will not provide recovery for the losses the victim’s family suffers due to the death of their loved one. However, a civil wrongful death action that can be filed in Virginia, like most states, allows for pain and suffering, monetary, and other losses, and it’s completely separate from any criminal case filed by the prosecutor in that jurisdiction.

If you have lost a loved one due to the actions of another party, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine your best course of action for financial justice.

What Are the Differences Between the Two Types of Cases?

Wrongful death cases are civil matters, while criminal charges are handled in criminal court. These two legal processes are entirely separate, meaning a civil lawsuit can proceed independently of any criminal case.

In a wrongful death lawsuit, the goal is to seek financial compensation for the loss of a loved one, covering damages such as medical expenses, funeral costs, lost income, and emotional suffering. By contrast, a criminal case aims to determine whether the defendant violated criminal laws and, if so, impose penalties like imprisonment or fines.

Importantly, the outcome of the criminal case does not directly affect the ability to pursue a wrongful death claim. Even if the defendant is acquitted in criminal court, the family may still have a valid civil claim, as the burden of proof is lower in civil cases.

How Does the Burden of Proof Differ Between Criminal and Civil Cases?

The key difference between criminal and civil cases is the burden of proof. In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” which is the highest standard of proof in the legal system.

In a civil wrongful death lawsuit, the burden of proof is lower. The plaintiff (the family bringing the suit) must prove their case by a “preponderance of the evidence.” This means showing that it is more likely than not that the defendant’s actions caused the death of their loved one.

Because of this difference, it’s possible for someone to be found not guilty in a criminal trial but still be held liable in a civil case. A famous example is the O.J. Simpson case, where he was acquitted of murder in criminal court but was found liable for wrongful death in civil court.

This lower burden of proof makes it more feasible for families to succeed in a wrongful death lawsuit, even when criminal charges are pending or result in an acquittal.

Does the Timing of a Wrongful Death Lawsuit Matter if Criminal Charges Are Pending?

Timing can be an important consideration when filing a wrongful death lawsuit while criminal charges are pending. Some families choose to wait until the criminal case concludes, as the evidence presented in the criminal trial may strengthen their civil case. Additionally, a conviction in criminal court can provide strong support for a wrongful death claim.

In some cases, especially serious criminal cases, the Commonwealth’s attorney or assistant Commonwealth’s attorney (the prosecutor) may order the wrongful death lawyer to stay or stop the civil case until the criminal case is over.

An experienced wrongful death attorney can advise families on the best course of action, balancing the benefits of waiting for the criminal trial against the urgency of meeting legal deadlines and preserving evidence.

What Are the Benefits of Bringing a Wrongful Death Lawsuit Alongside Criminal Charges?

Filing a wrongful death lawsuit while criminal charges are pending offers several advantages for the family:

  • Independent resolution: Civil lawsuits allow families to seek justice and financial compensation independently of the criminal process, ensuring their claims are addressed even if the criminal case is delayed or results in acquittal.
  • Access to damages: Criminal courts do not award damages to victims’ families. A wrongful death lawsuit is the only way to recover compensation for financial losses and emotional suffering caused by the death.
  • Broader scope of accountability: In a civil lawsuit, families can include additional defendants, such as businesses or third parties whose negligence contributed to the death, which is not possible in a criminal trial focused solely on the accused.
  • Control over the case: Unlike a criminal trial, where the prosecution controls the proceedings, a wrongful death lawsuit gives the family and their attorney more control over how the case is presented and resolved.

Ultimately, pursuing a wrongful death claim provides families with a path to justice and financial relief, regardless of the outcome of the criminal proceedings.

How Can Your Personal Injury Law Firm Help?

At Shapiro, Washburn & Sharp, we understand that no amount of money will ever make up for the loss of your family member, but we also know that a wrongful death claim is often the only way a family will ever receive any justice for their loved one’s death.

Call 833-997-1774 today to schedule a free and confidential case evaluation with one of our dedicated wrongful death lawyers and find out what legal recourse you may have.