Can I bring a wrongful death claim if the defendant wasn’t criminally charged?

Yes. A wrongful death claim can proceed even if the defendant was never charged with a crime or was found not guilty in criminal court. Civil lawsuits are independent of criminal cases and follow different rules of evidence and proof.

This often comes as a surprise to families. They may believe a lack of criminal prosecution ends their legal options, but that’s not true. Because the burden of proof is lower in civil court, families can often succeed in a wrongful death claim even if criminal charges failed or were never brought.