California Wrongful Death Lawsuit Without Criminal Charges

Can you file a wrongful death lawsuit if no one was criminally charged?

The short answer is yes. A criminal case and a wrongful death lawsuit may arise from the same incident, but they are separate legal proceedings. For that reason, the absence of criminal charges does not, by itself, prevent surviving family members from filing a wrongful death lawsuit in California.

A wrongful death claim is a civil lawsuit that may be brought when a person’s death is caused by the wrongful act or neglect of another. Code of Civil Procedure § 377.60 allows certain surviving family members and heirs, including a surviving spouse, domestic partner, children, and other qualifying individuals, to seek compensation for losses caused by the death of their loved one.

Wrongful death cases can arise from many types of conduct. For example, a fatal car crash caused by an impaired driver, a deadly medical error, or a dangerous property condition may give rise to a wrongful death claim.

Why a Criminal Conviction is not Required

A wrongful death lawsuit does not depend on whether anyone was arrested, criminally charged, or convicted because criminal cases and civil wrongful death lawsuits are independent proceedings. A criminal case determines whether someone should face criminal punishment. A wrongful death lawsuit addresses a different question: whether the defendant’s wrongful act or neglect caused the death and whether the surviving family suffered compensable losses as a result.

The two proceedings involve different parties, serve different purposes, and are subject to different burdens of proof.

Criminal Cases and Civil Wrongful Death Cases Serve Different Purposes

A criminal case is brought by the government on behalf of the public. Its purpose is to determine whether the accused committed a crime and, if so, whether punishment such as jail, probation, fines, or other penalties should be imposed.

A wrongful death lawsuit is different. It is brought by private parties, specifically the surviving family members or other eligible heirs of the person who died. Its purpose is not to punish the defendant criminally, but to seek compensation for the losses caused by the death.

Because the parties and purposes are different, the absence of criminal charges does not determine whether the surviving family has a valid civil claim.

Civil Cases Have a Lower Burden of Proof

Another important difference is the burden of proof.

In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. This is the highest standard in American law, and is designed to protect individuals from wrongful convictions and the resulting deprivation of life, liberty, and property.

California law defines reasonable doubt in a specific way. Penal Code § 1096 provides the following definition for “reasonable doubt”:

“It is not a mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction of the truth of the charge.”

Essentially, in a criminal case, the prosecution does not have to prove guilt with 100% certainty. But if a juror has a real, reasonable hesitation about whether the defendant committed the charged crime, or about any fact necessary to prove that crime, the juror may not find the defendant guilty.

A civil wrongful death lawsuit has a lower burden of proof. In most civil cases, the plaintiff must prove the claim by a preponderance of the evidence, meaning the evidence must show that the claim is more likely true than not.

Because the civil standard is lower, it is possible for a family to succeed in a wrongful death lawsuit even if criminal charges were never filed or a criminal case did not result in a conviction. A criminal case may not result in a conviction because the evidence does not prove guilt beyond a reasonable doubt, while a civil jury may still find that the evidence shows the defendant more likely than not caused the death through a wrongful act or neglect.

What Families Must Prove in a Wrongful Death Lawsuit

Although a criminal conviction is not required, surviving family members still have the burden of proving the wrongful death claim. In California, a successful wrongful death case generally requires evidence that the defendant’s wrongful act or neglect caused the decedent’s death and that the eligible surviving family members suffered compensable losses as a result.

Whether those elements can be established depends on the specific facts and evidence in each case. Even if no criminal charges are filed, or a criminal case does not result in a conviction, a civil court may still determine that the evidence supports liability under California law.

Speak with a California Wrongful Death Attorney

Determining whether you have a wrongful death claim is not always straightforward. Even when no criminal charges are filed or a criminal case does not result in a conviction, surviving family members may still have the right to pursue compensation under California law.

An attorney can evaluate the facts of your case, explain your legal options, identify potential sources of liability, and help you understand the next steps.

If you have lost a loved one because of another person’s wrongful act or neglect, the attorneys at Dolan Law Firm are here to help. We understand that no legal action can undo your loss, but pursuing a wrongful death claim may help provide financial security and hold the responsible parties civilly accountable under California law.

Contact Dolan Law Firm for a free case evaluation and learn more about your legal rights.