Imagine this: A family loses their father in a horrific crash caused by a drunk driver. The driver is arrested, charged with felony DUI, and eventually sentenced to prison.
Justice has been served, right?
Not exactly.
The majority of families are unaware that a criminal conviction does not always mean that the victim’s loved ones will receive compensation. This is because the criminal and civil legal systems function separately. The state punishes the offender for a DUI conviction. In contrast, the victim’s family files a wrongful death lawsuit in order to obtain monetary compensation for their loss.
Even if the person who caused the death has not been found guilty of a crime or if no criminal charges are ever brought, a wrongful death claim may still be made in California.
Why?
Because civil courts have a lesser threshold of proof, civil litigants only need to demonstrate that it is “more likely than not” that the defendant caused the death, whereas criminal prosecutors must establish guilt “beyond a reasonable doubt.”
Why This Matters
A family may win a wrongful death lawsuit even if the criminal case fails. And unlike in a criminal proceeding, the civil court can award damages for:
- Funeral and burial costs
- Lost wages and future income
- Loss of companionship
- Emotional pain and suffering
In short: don’t wait for the criminal case to conclude. Speak with an attorney as soon as possible to preserve your civil rights.
