When someone dies because of another person’s actions, most people think first about criminal accountability. Charges, a trial, a verdict. That framework is familiar from news coverage and makes intuitive sense. What many families do not know is that a separate civil process exists alongside the criminal one, and that it operates by different rules, serves different purposes, and can move forward regardless of what happens in any criminal proceeding. A wrongful death lawsuit is not a substitute for a criminal case and is not dependent on one. Understanding how the two relate, and how they differ, is something families dealing with a loss often need to work through before they know what their options actually are.
Two Different Systems With Two Different Goals
The criminal justice system and the civil court system operate independently. A criminal case is brought by the state or federal government against a person accused of a crime. The purpose is accountability to society: punishment, deterrence, and public safety. The standard of proof is high, requiring the prosecution to establish guilt beyond a reasonable doubt. If convicted, the defendant may face imprisonment, fines, or other penalties imposed by the court.
A civil wrongful death case is brought by the family of the person who died. The purpose is compensation for the losses the family has suffered as a result of the death. The standard of proof is lower, requiring only that the evidence shows the defendant is more likely than not responsible, a standard called preponderance of the evidence. If the family prevails, the outcome is a financial judgment, not a prison sentence.
Key Differences Between the Two Systems
- Who brings the case: the government in criminal court, the family in civil court
- Standard of proof: beyond a reasonable doubt in criminal court, preponderance of the evidence in civil court
- Outcome if successful: punishment for the defendant in criminal court, compensation for the family in civil court
- Who controls the case: the prosecutor decides criminal charges, the family decides whether to file a civil claim
- Relationship between the two: they are independent proceedings that can run simultaneously
A Criminal Acquittal Does Not End a Civil Claim
A “not guilty” verdict in a criminal case does not prevent a wrongful death lawsuit from moving forward. Criminal and civil cases use different standards of proof, which means they can reach different outcomes based on the same underlying facts.
The O.J. Simpson case is the best-known example. Although Simpson was acquitted of murder in criminal court, he was later found liable for wrongful death in a civil lawsuit.
A family may still pursue a wrongful death claim when:
- The defendant was acquitted in a criminal trial.
- No criminal charges were ever filed.
- Criminal charges were filed but did not result in a conviction.
- The death resulted from negligence rather than an intentional crime, meaning criminal prosecution may never have been appropriate.
In fact, negligence is the most common basis for a wrongful death claim. For example, a driver who runs a red light and fatally strikes a pedestrian may or may not face criminal charges, depending on the circumstances and the prosecutor’s discretion. Regardless of whether a criminal case moves forward, the victim’s family may still have the right to pursue compensation through a civil wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit?
In South Carolina, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate on behalf of the surviving family members entitled to recover damages. Depending on the family’s circumstances, compensation may be distributed to:
- A surviving spouse and children
- Parents, if there is no surviving spouse or children
- Other heirs under South Carolina law if no closer relatives survive
The person filing the lawsuit is not always the same person who ultimately receives compensation, which is why determining the proper representative early in the process is important.
What Can a Wrongful Death Lawsuit Recover?
One of the biggest differences between a criminal case and a wrongful death lawsuit is the outcome each is designed to achieve. A criminal prosecution may result in fines, probation, or imprisonment. A civil wrongful death claim cannot impose criminal penalties, but it can provide financial compensation to surviving family members for the losses they have suffered.
Depending on the circumstances, recoverable damages may include:
- Lost financial support and future income
- Loss of companionship, guidance, and care
- Mental anguish experienced by surviving family members
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
- Punitive damages in cases involving particularly reckless or intentional conduct
Because criminal courts do not award compensation to surviving families in the same way a civil lawsuit can, a wrongful death claim may remain an important avenue for recovery regardless of whether criminal charges are filed or how the criminal case ultimately concludes.
The Statute of Limitations Still Applies
A pending criminal investigation or prosecution does not pause the deadline for filing a wrongful death lawsuit. In South Carolina, families generally have three years from the date of death to file a civil wrongful death claim.
While three years may seem like a long time, building a civil case takes time. Evidence can become more difficult to obtain, witnesses’ memories may fade, and important documentation can be harder to gather as time passes. Understanding the applicable deadlines early helps preserve a family’s ability to pursue a civil claim if they choose to do so.
The Difference Between Criminal and Civil Cases
Although they can arise from the same event, criminal cases and wrongful death lawsuits serve different purposes. One is designed to hold a person accountable under criminal law. The other provides a legal path for surviving family members to pursue financial recovery. That difference matters because a criminal case, regardless of its outcome, does not provide the same remedy a civil claim can.
Understanding the different roles these two legal systems play can help families better understand what options are available after the loss of a loved one and why a civil claim may still have an important purpose, regardless of what happens in criminal court.
