Can I Pursue a Wrongful Death Case if the Person Who Caused It Wasn’t Charged Criminally?
Can I Pursue a Wrongful Death Case if the Person Who Caused It Wasn’t Charged Criminally?
Yes, you may file a wrongful death lawsuit without criminal charges against the responsible party. California’s civil courts operate independently from criminal proceedings, requiring only proof by a preponderance of the evidence rather than proof beyond a reasonable doubt. When prosecutors decline to file charges or secure a conviction, families maintain their right to seek compensation through civil litigation for the loss of their loved one.
Families can feel abandoned by the criminal justice system. But just because it fails, it doesn’t mean you can’t have acknowledgment for your grief or accountability for your financial losses. The fundamental differences between burdens of proof and causes of action explain why many successful wrongful death claims proceed despite no arrest, no indictment, or even an acquittal in criminal court.
Speak with an experienced wrongful death attorney today to understand your legal options and fight for the justice your loved one deserves. Call us for a free consultation.
Key Takeaways
- Criminal charges are not required to file a wrongful death claim—civil and criminal cases follow different legal standards and procedures
- The burden of proof in civil cases (preponderance of the evidence) is lower than in criminal cases (beyond a reasonable doubt)
- California law allows specific family members to file wrongful death claims within two years of the death
- Damages may include loss of financial support, companionship, funeral expenses, and sometimes punitive damages
- Even if someone was found “not guilty” criminally, they may still be held liable in civil court
The Critical Difference Between Criminal Homicide and Civil Wrongful Death Claims
Criminal cases serve society’s interest in punishment and deterrence, while wrongful death lawsuits focus on compensating families for their losses. Prosecutors must prove every element of a crime beyond a reasonable doubt. Civil attorneys only need to show it’s more likely than not (just over 50% certainty) that negligence or misconduct caused the death.
This distinction becomes especially important in complex cases. A driver who strikes a pedestrian might avoid criminal charges if prosecutors cannot definitively prove impairment or reckless intent. Yet that same driver may face civil liability if evidence shows they were texting, speeding, or violating traffic laws at the time of impact.
The goals differ fundamentally between these parallel systems. Criminal prosecution seeks imprisonment, fines payable to the state, or probation. Wrongful death litigation pursues monetary compensation for surviving family members who suffer both economic and emotional harm from their loss.
Who Can File a Wrongful Death Claim in California
California law designates specific individuals who may bring wrongful death actions. The hierarchy begins with the deceased person’s surviving spouse or domestic partner and children. If none exist, the right passes to those who would inherit under intestate succession, typically parents, siblings, or other relatives, depending on family circumstances.
Multiple eligible parties may join in one lawsuit. If plaintiffs file separate claims, the courts consolidate them into one case. However, California requires all potential plaintiffs to participate or be notified, preventing successive lawsuits by different family members.
The personal representative of the estate may also file a survival action alongside the wrongful death claim. While wrongful death compensates survivors for their losses, a survival action seeks damages the deceased could have pursued if they had lived, including pain and suffering experienced before death, medical bills, and lost wages during any period of survival after injury.
Meeting the Burden of Proof Without Criminal Charges
Preponderance of the evidence means showing that your version of events is more likely to be true than the defendant’s version. This standard allows families to succeed even when criminal prosecutors determine that insufficient evidence exists to obtain a conviction.
Here are some scenarios where civil liability exists without criminal prosecution:
- Police decline to arrest a property owner whose poorly maintained stairway collapsed, killing a visitor. What prosecutors see as an accident, but civil courts recognize as negligent maintenance.
- A company whose defective product causes a fatal injury rarely faces criminal charges, yet product liability laws hold manufacturers accountable.
- Healthcare facilities whose understaffing contributes to a patient’s death seldom see criminal prosecution, though civil wrongful death claims regularly succeed against them.
Evidence that seems insufficient for criminal charges often proves compelling in civil court:
- Witness testimony placing someone at the scene, even without video confirmation
- Circumstantial evidence suggesting impairment or distraction
- Documentation of safety violations or previous incidents
- Expert testimony about industry standards and reasonable care
- Financial records showing cost-cutting measures that compromised safety
Your attorney may also conduct an independent investigation beyond what the police or prosecutors pursued. When necessary, they can involve investigators and experts to gather evidence or review the case. Private investigators can interview witnesses when memories have settled and initial reluctance to get involved has faded, accident reconstruction specialists can examine physical evidence with technology unavailable to initial responders, and medical experts can review records to establish causation between negligent acts and fatal injuries.
California’s Statute of Limitations for Wrongful Death Cases
You have two years from the date of death to file a wrongful death lawsuit in California. This deadline applies regardless of when you discover potentially liable parties or learn about the circumstances surrounding the death. Missing this deadline typically bars your claim permanently, with very limited exceptions for factors like defendant fraud in concealing their responsibility.
Government entity cases require faster action under the California Tort Claims Act. You must file an administrative claim within six months of the death when suing cities, counties, the state, or their employees acting within their official capacity. The entity then has 45 days to respond. If they deny your claim or fail to respond, you have six months from the denial (or from when the 45 days expire) to file your lawsuit.
Available Damages in Wrongful Death Lawsuits
California wrongful death damages compensate survivors for what they’ve lost, both economically and emotionally. Economic damages include the financial support the deceased would have provided throughout their expected lifetime. This calculation considers their age, health, earning capacity, and family circumstances. Younger victims with established careers and dependent children typically generate higher economic damage awards.
Non-economic damages address the human losses that resist simple calculation. These include loss of companionship, comfort, affection, society, and moral support. Spouses lose their life partner’s presence, children lose parental guidance, and parents lose their child’s love and companionship. While no amount truly compensates these losses, juries award substantial sums recognizing their profound impact.
Additional recoverable costs include:
- Funeral and burial expenses already incurred
- Reasonable value of household services the deceased provided
- Loss of gifts or benefits family members would have received
- Loss of training and guidance children would have received from a parent
California generally prohibits punitive damages in wrongful death cases, with one significant exception. When the death results from a homicide for which the defendant has been convicted of a felony, courts may award punitive damages to punish particularly egregious conduct and deter similar behavior.
Insurance Coverage Complexities in Fatal Incidents
Most wrongful death settlements come from insurance policies rather than defendants’ personal assets. Understanding available coverage helps set realistic expectations about potential recovery. Auto liability policies cover deaths from vehicle accidents, with California requiring minimum coverage of $15,000 per person, though many drivers carry higher limits.
Uninsured and underinsured motorist (UM/UIM) coverage on the deceased’s own auto policy could provide crucial protection when at-fault drivers lack adequate insurance. This coverage applies when the responsible party has no insurance, insufficient limits, or cannot be identified (hit-and-run deaths).
Homeowners and commercial general liability policies typically cover fatal premises liability incidents. Professional liability insurance responds to deaths from medical negligence or professional errors. Product manufacturers maintain coverage for defective product claims. Each policy has specific exclusions and conditions affecting coverage availability.
Policy limits cap the insurer’s payment obligation regardless of actual damages. A drunk driver with minimum coverage may cause millions in damages but have only $15,000 in available insurance. Your attorney can identify applicable policies and coverage sources to determine your recovery possibilities.
Special Considerations for DUI and Reckless Conduct Deaths
Deaths caused by drunk driving or extreme recklessness present unique opportunities and challenges. While prosecutors often pursue criminal charges in DUI death cases, a conviction isn’t necessary for civil recovery. Even an acquittal on criminal charges doesn’t prevent civil liability.
Blood alcohol evidence inadmissible in criminal court due to technical collection errors could remain useful in civil cases with less stringent evidentiary rules, and statements excluded from criminal trials as Miranda violations may support civil claims. Additionally, plea bargains to lesser charges don’t limit civil liability for the actual conduct causing death.
Insurance complications arise in DUI death cases. While policies cannot exclude coverage for ordinary negligence, some attempt to exclude intentional acts or criminal behavior. Your attorney can carefully analyze policy language and applicable law to secure coverage despite potential exclusions.
The Value of Legal Representation in Complex Cases
Wrongful death cases without criminal charges may involve complex liability questions requiring thorough investigation and sophisticated legal analysis. Insurance companies follow specific procedures and timelines that may feel overwhelming for grieving families.
Similarly, families may not understand the value of their claim and the damages they have truly suffered. These losses may not be reflected in early settlement offers. A wrongful death lawyer can calculate damages and handle settlement negotiations.
Contingency fee arrangements mean families pay no attorney fees unless recovery occurs. Attorneys advance investigation costs, expert witness fees, and litigation expenses, recovering these costs only from successful settlements or verdicts. This arrangement allows grieving families to pursue justice without financial risk.
Free consultations let you explore options without commitment. Attorneys evaluate your case’s strengths, explain the legal process, and provide realistic assessment of potential outcomes. They handle all communication with insurance companies, protecting you from recorded statements or quick settlement pressure while you focus on healing.
FAQ for Wrongful Death Lawsuit Without Criminal Charges
What if the Police Report Says Nobody Was at Fault?
Police reports reflect officers’ preliminary assessments based on limited investigation at the scene. These reports aren’t binding in civil court, where your attorney can present additional evidence, including expert analysis, witness interviews conducted later, and a detailed reconstruction of events. Wrongful death cases can proceed despite initial police determinations of no fault or unavoidable accident.
Can I Sue if the District Attorney Declined to Prosecute?
Prosecutors’ decisions reflect criminal law standards and resource constraints, not civil liability. District attorneys often decline cases they cannot prove beyond a reasonable doubt or that don’t serve broader public safety goals. Your right to pursue civil damages remains intact regardless of prosecution decisions.
How Do Contingency Fees Work in Wrongful Death Cases?
Attorneys typically charge a percentage of any recovery as their fee, collecting nothing if the case doesn’t succeed. They advance costs, including filing fees, expert witness fees, deposition costs, and investigation expenses. These costs get reimbursed from any settlement or verdict, with the attorney’s percentage calculated on the gross recovery before cost reimbursement.
What if Multiple Family Members Disagree about Filing a Lawsuit?
California law encourages joint participation but doesn’t require unanimity among eligible plaintiffs. Those wishing to pursue claims may proceed, while others decline participation. However, all potential plaintiffs must receive notice to protect their interests and prevent multiple lawsuits.
Can I Still File if the Person Died by Suicide after Someone Else’s Negligence?
Certain circumstances allow wrongful death claims when suicide follows another party’s wrongful conduct. Cases involving medical negligence in treating mental health conditions, failure to prevent suicide in custody, or suicide resulting from traumatic brain injury caused by another’s negligence may support viable claims. These complex cases require careful legal analysis of causation and foreseeability.
Your Path Forward When Criminal Courts Provide No Closure
The absence of criminal charges doesn’t diminish your loss or eliminate your right to seek accountability through civil courts. While criminal justice focuses on societal interests, civil litigation centers on your family’s needs for both financial security and recognition of your loved one’s value.
Contact Bentley & More LLP at (949) 870-3800 to discuss your wrongful death claim with trial attorneys who handle catastrophic loss cases throughout Southern California. Our Newport Beach personal injury lawyers offer free consultations to evaluate whether civil litigation makes sense regardless of criminal prosecution status.
From our offices near Orange County’s legal complex, we serve families seeking justice after fatal accidents, dangerous property incidents, and other preventable deaths when the criminal system provides no resolution.