What’s the difference between a wrongful death case and a criminal case?

The government initiates a criminal case and focuses on punishing the wrongdoer. The goal is to establish guilt “beyond a reasonable doubt,” and if convicted, the defendant may face prison, fines, probation, or other penalties. These proceedings do not result in financial compensation for the victim’s family.

In contrast, a wrongful death case is a civil action brought by surviving family members or the deceased person’s estate. The goal is to secure monetary damages for the emotional, financial, and practical losses caused by the death. Civil wrongful death claims are separate from criminal proceedings and are governed by a lower burden of proof, requiring only that it is “more likely than not” the defendant’s conduct caused the death.

In many cases, both civil and criminal proceedings may occur. For example, if a person is killed in a DUI crash, the driver may face criminal charges while also being held civilly liable for damages in a wrongful death lawsuit.