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.
