When Criminal Charges Are Filed but You Still Need a Civil Wrongful Death Lawyer

Even when charges are filed, families often need the guidance of an experienced wrongful death lawyer to pursue civil justice and secure financial recovery. Understanding the difference between criminal and civil cases, the benefits of filing a civil claim after a person’s death, and how a lawyer can help can make a significant difference during an emotionally challenging time.

Criminal cases focus on determining guilt and imposing penalties such as fines, probation, or imprisonment. In a DUI-related death, for example, the state prosecutes the driver for violating the law, seeking to hold them accountable for endangering others.

Civil cases, such as wrongful death claims, are separate. They allow surviving family members to pursue compensation for the loss of their loved one. Damages may include medical bills, funeral expenses, lost future income, loss of companionship, and emotional suffering. Even if a defendant is convicted, a separate claim must be filed in civil court to secure financial restitution for the lost financial support.

While a conviction punishes the offender, they rarely compensate the family for tangible losses. A wrongful death lawsuit ensures that survivors can recover financial support to cover medical expenses, funeral costs, lost income, and long-term needs.

Filing a civil claim also provides families with a legal voice, allowing them to participate actively in holding the responsible party accountable. It complements the criminal process and can proceed even if the criminal case is delayed, dismissed, or results in a plea deal.

Like other civil claims, wrongful death lawsuits are subject to strict statutes of limitations, which vary by state. In Georgia, for example, families generally have two years from the date of the loved one’s death to file such a claim. Act promptly by preserving evidence, interviewing witnesses, and ensuring that legal deadlines are met.

Even when criminal proceedings are ongoing, filing a civil claim as soon as you can after a person’s death can protect your rights. Evidence, such as police reports, medical records, and witness statements, can deteriorate or become harder to access over time. A skilled wrongful death lawyer can ensure that all necessary documentation is preserved.

A wrongful death case relies on proving that the defendant’s actions directly caused the death. This involves gathering medical records, accident reports, toxicology results, witness statements, and other evidence demonstrating negligent conduct or an intentional act of wrongdoing.

Expert testimony may be required to explain how the incident occurred, how the defendant’s actions breached the standard of care, and the resulting harm to the family. While the burden of proof is different from criminal cases – “preponderance of the evidence” rather than “beyond a reasonable doubt” – civil cases still require a strong, well-documented case to succeed.

Filing a civil claim while a criminal case is pending requires careful coordination. Evidence and testimony from the criminal case can sometimes support the civil case, but strategies must be tailored to protect the family’s interests. A Georgia wrongful death lawyer can make sure that pursuing civil damages does not compromise either case.

It’s also possible for a civil case to proceed even if the criminal case concludes with a plea deal or acquittal. Civil courts apply a lower standard of proof, meaning families may still recover compensation even when a conviction is not obtained.

Compensation in a wrongful death lawsuit can include both economic and non-economic damages. Economic damages may cover medical bills, funeral and burial costs, lost income, and the deceased’s future earning potential. Non-economic damages encompass the value of the life to the decedent, taking into account the things he or she believed made life worth living, including relationships, work, hobbies, and more.

A wrongful death case requires legal experience, emotional support, and strategic advocacy. A skilled attorney can handle evidence collection, coordinate with medical and accident experts, negotiate with insurance companies, and represent the family in court if necessary.

An experienced wrongful death lawyer ensures that all potential damages are accounted for and that families receive fair compensation for their losses. They also help families understand how the civil case interacts with any ongoing criminal proceedings, providing clarity during a highly stressful and emotional time.

At The Dixon Firm, we understand the unique challenges families face when a loved one dies due to another’s negligence or wrongdoing. Our team has extensive experience handling wrongful death cases, including those involving DUI crashes, workplace accidents, and medical negligence.

We provide compassionate guidance, aggressive advocacy, and thorough legal representation to ensure families receive the justice and compensation they deserve. By managing the legal process, we allow families to focus on grieving and healing while we hold negligent parties accountable.