Losing someone you love is devastating. When that loss happens because of another person’s actions, you’re often left watching two separate legal processes unfold. There’s the criminal case, and there’s the possibility of a wrongful death lawsuit. Many families ask us whether they can still file a civil claim if criminal charges were already filed. Yes, you can, and you should understand why these two paths don’t interfere with each other.
Criminal And Civil Cases Aren’t The Same Thing
Here’s what matters. Criminal cases punish people for breaking the law. The state brings these charges, not your family. Prosecutors have to prove guilt beyond a reasonable doubt, which is an incredibly high standard. Wrongful death claims work differently. Kiefer & Kiefer represent families in civil court, where the focus isn’t punishment. It’s compensation. The burden of proof is lower, too. We only need to show it’s more likely than not that the defendant caused your loved one’s death. That’s called “preponderance of the evidence.” This difference in standards explains something that confuses a lot of people. Someone can be found not guilty in criminal court but still lose the civil case. The O.J. Simpson trial is probably the most famous example. Acquitted of murder. Found liable in civil court.
You Don’t Have To Wait
Criminal proceedings can take months or even years. You don’t need to sit around waiting for them to finish before filing your wrongful death lawsuit. Both cases can happen at the same time. That said, there are strategic reasons you might want to wait. If the criminal case ends in a conviction, that verdict becomes powerful evidence in your civil claim. It proves the defendant did what you’re accusing them of doing. A Metairie wrongful death lawyer can help you decide whether waiting makes sense for your situation. Sometimes it does, sometimes it doesn’t.
How Criminal Convictions Strengthen Your Case
When someone’s convicted in criminal court, it makes your wrongful death lawsuit significantly stronger. Here’s why:
- The guilty verdict proves that the defendant committed the act
- You get access to all the evidence gathered during the criminal investigation
- Testimony from the criminal trial can be used in civil proceedings
- Insurance companies and defendants are more likely to settle when there’s already a conviction
Even without a conviction, the criminal investigation often produces valuable evidence. Police reports, witness statements, and forensic analysis. All of that can support your civil claim, regardless of how the criminal case turns out.
Louisiana’s Rules For Wrongful Death
Louisiana gives specific family members the right to file these claims. According to Louisiana Civil Code Article 2315.2, surviving spouses can file. So can children, parents, and in some cases, siblings. There’s a catch though, you’ve only got one year from the date of death to file your lawsuit. That deadline doesn’t pause just because there’s a criminal case happening. It doesn’t matter if the trial is still ongoing or hasn’t even started yet. The clock is ticking from day one, which is why families need to act quickly, even when they’re grieving.
What If No Criminal Charges Were Filed
Sometimes prosecutors decide not to file charges. Maybe they don’t think they can prove the case beyond a reasonable doubt. Maybe they’ve got other priorities. It happens more often than you’d think. That decision doesn’t affect your ability to file a wrongful death claim. The criminal justice system has different goals and much higher proof standards than civil court requires. A Metairie wrongful death lawyer can evaluate whether you’ve got a valid case, regardless of what prosecutors decide to do. Civil cases can succeed based on negligence, recklessness, or intentional harm. You don’t need a criminal conviction to prove any of those things.
What You’re Actually Fighting For
The criminal court can’t give your family what you really need. Sure, the defendant might go to jail or pay fines to the state. But that doesn’t help with your medical bills, funeral costs, or lost income. Wrongful death lawsuits seek financial compensation for your family’s losses. Medical expenses your loved one incurred before death. Funeral and burial costs. The income and benefits they would’ve provided. Loss of companionship and guidance. The mental anguish you’re experiencing. Whether there was a criminal case or not doesn’t determine what compensation you might receive. Each wrongful death claim gets evaluated on its own facts and the specific losses your family has suffered.
Moving Forward
Grief makes everything harder, including legal decisions. You’re dealing with an unimaginable loss while trying to figure out what steps to take next. Whether criminal charges were filed or not, your family has rights, you deserve answers, and you deserve fair compensation.
Understanding that criminal and civil cases operate independently gives you options. You don’t have to choose one path over the other. You can pursue both. Contact an attorney who can walk you through the process, explain your options clearly, and help you make informed decisions about holding the responsible parties accountable.
