Losing someone because of another person’s actions is devastating. And when those actions might also be criminal? It gets even harder to process. Families are grieving, and suddenly they’re trying to understand police investigations, court proceedings, and whether any of it will actually lead to accountability. One of the most common questions families ask is whether they have to wait for a criminal case to finish before they can pursue a civil lawsuit. They don’t. But understanding how these two processes work together, and where they part ways, can make a real difference in how you move forward.
Two Separate Legal Systems
A wrongful death lawsuit is a civil matter. A criminal prosecution is run by the state. They’re completely separate, with different goals, different rules, and very different outcomes.
In a criminal case, guilt has to be proven beyond a reasonable doubt. That’s a high standard, and for good reason. A civil wrongful death claim works differently. Your family only needs to show that it’s more likely than not that the defendant’s conduct caused the death. That’s called the preponderance of the evidence standard, and it’s a much lower bar than what criminal prosecutors face.
Why does that matter? Because a defendant can walk out of criminal court not guilty and still be held liable in a civil case. It happens more than people realize. The O.J. Simpson case is the most famous example, but this plays out in California courtrooms regularly, in cases that never make the news.
Can Both Cases Move Forward at the Same Time?
Yes. Your family doesn’t have to sit and wait for a criminal verdict before filing a wrongful death claim. Both cases can run simultaneously. In practice, the civil case sometimes gets paused while criminal proceedings are active, but that’s a strategic decision, not a legal requirement. An attorney can walk you through the timing that makes the most sense given where things stand.
And if the defendant is ultimately convicted? That conviction can actually help the civil case. A finding of guilt beyond a reasonable doubt carries serious weight when it comes time to establish liability in civil court.
What a Civil Case Can Actually Do for Your Family
Criminal courts can send someone to prison. They can impose fines. But none of that compensates your family for what you’ve lost. That’s what a wrongful death claim is for. In California, recoverable damages can include:
- Lost income and financial support the deceased would have provided
- Loss of companionship, guidance, and parental care
- Funeral and burial costs
- Medical expenses incurred before the death
A Folsom wrongful death lawyer can help identify which damages apply to your situation and what documentation you’ll need to support them.
What If the Criminal Case Is Still Pending?
Some families feel stuck when charges haven’t been filed yet or the investigation is still open. It’s understandable. But evidence gathered during a criminal investigation, including police reports, witness statements, and forensic findings, can often be used to support a civil claim as well. Getting legal guidance early helps protect access to that evidence before it becomes harder to obtain.
It’s also worth knowing that some deaths never lead to criminal charges at all. Negligence doesn’t always meet the threshold for criminal conduct, even when someone dies because of it. That doesn’t close the door on civil accountability. Folsom wrongful death lawyers handle negligence-based cases every day, including ones with no criminal component whatsoever.
Your Rights Under California Law
Under California Code of Civil Procedure Section 377.60, certain family members have the right to bring a wrongful death action regardless of whether a criminal case exists or results in a conviction. Your right to pursue civil justice doesn’t depend on what happens in a prosecutor’s office.
Taking the Next Step
You don’t have to sort through all of this alone. The Gordon Law Firm works with families throughout Folsom and the surrounding areas to pursue civil accountability, whether a criminal case is already underway, still being investigated, or never gets filed at all. If you’re trying to figure out what options your family has, reaching out to an attorney is the right place to start.
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Moua Lee56 days agoTrustindex verifies that the original source of the review is Google.
Attorney Chris is easy to talk to and if you doesn't understand something he'll explain it to you nicelyPosted on Google![]()
Lorenzo Mcgaha62 days agoTrustindex verifies that the original source of the review is Google.
STAND UP GUY ,THE LAST LAWYER I HAD TRIED TO LET THE CASE LAPSE AND COST ME MORE $$$$,MR. GORDON TOOK OVER MY CASE AND GOT ME COMPENSATED,NO B.S. AND HE HAS THAT GO GET EM MENTALITY KUDOS THANXPosted on Google![]()
Brian Thao130 days agoTrustindex verifies that the original source of the review is Google.
During my car incident, I was able to get in touch with Chris Gordon and I must say, he is more than professional. He will get on your case right away and will win your case for you as soon as possible just like my case that he just finished settling. He is very quick with his work and will get your case to settle and get your money back to you. I would highly recommend Chris Gordon to be your attorney if you ever get into a car accident that was not your fault. Would like Chris Gordon to represent me again in the future.Posted on Google![]()
Rich money Thompson139 days agoTrustindex verifies that the original source of the review is Google.
I think the lawyer for helping me Noah and Dwayne he helped us a great deal thank you so much you did your work very well and I'm glad to give you a five star if I ever need you in life again I will contact you thank you so much Bruce ThompsonPosted on Google![]()
Latecia Dixon153 days agoTrustindex verifies that the original source of the review is Google.
I cannot recommend Gordon Law enough. Working with Chris Gordon during my 2023 car accident case was one of the best decisions I could have made. From the very beginning, he made the entire process feel smooth, stress-free, and easy to understand. He was always informative, professional, responsive, and easy to communicate with, which gave me so much peace of mind during a very difficult time. Because of him, I was able to fully focus on my recovery knowing the legal side was being handled with care and confidence. My situation was also more complicated than most because the individual involved provided fake insurance information. Even nearly three years later, when I reached back out to Chris for guidance on moving forward with small claims court, he still took the time to help me prepare, answer my questions, re-edit documents, and guide me step-by-step through the process. His support truly helped build my confidence going into court. The advisory attorneys at small claims even commented on how smooth, organized, and well-prepared everything was. That says a lot, and I give major credit to Chris Gordon for that. His patience, knowledge, listening skills, and dedication made a stressful situation feel manageable and empowering. If you are looking for an attorney who genuinely cares, communicates well, prepares you thoroughly, and fights to make sure you feel heard and supported, I highly recommend Chris Gordon and Gordon Law. Thank you again for helping me feel confident, prepared, and ultimately helping me seek justice for myself.Posted on Google![]()
LaShana174 days agoTrustindex verifies that the original source of the review is Google.
I received Mr. Chris’s business card from Elder Chiropractor, and I was a bit nervous at first because I didn’t know what to expect. However, that quickly changed once I reached out to him. He was very professional, welcoming, and made the process easy by gathering all of my information without hesitation. Mr. Chris was patient as I worked on collecting the documents he requested, and he consistently followed up after I sent correspondence. His communication and support made a big difference. I highly recommend Mr. Chris Gordon Law firm if you’re in need of an attorney. Thank you!Posted on Google![]()
Kamiki Johnson183 days agoTrustindex verifies that the original source of the review is Google.
Gordon Law is the best law firm I've ever dealt with. We've had Chris Gordon as our lawyer for over 10yrs. He's the best hes goes above and beyond for his clients. He keeps you very informed and returns all calls promptly. Chris is very detailed to where you don't have questions because he answered all of them while explaining what's going on. 5 stars is just not enough when talking about Gordon Law. They make a terrible time a great experience with all the support they give you while trying to help solve your situation. The Johnson Family Appreciates all the hard work you've done for our family Thank you againPosted on Google![]()
Katie Nisbet195 days agoTrustindex verifies that the original source of the review is Google.
Chris was very helpful in answering all my questions. We felt that we were in great hands. Would definitely recommend.Posted on Google![]()
Justin Dominique221 days agoTrustindex verifies that the original source of the review is Google.
10/10 service. He got me paid, made me feel important even though my case was minor, and had been nothing but kind, responsive and valuable ever since. Highly, highly recommend.Posted on Google![]()
Debbie Anderson243 days agoTrustindex verifies that the original source of the review is Google.
We found Chris to be professional and experienced in the field in which we required his services. He was quick to respond to our efforts to contact him and always made us feel he had plenty of time for us. If the need ever arises again, we will not hesitate to contact Chris Gordon at Gordon Law.