When a loved one is lost in a tragic car crash caused by someone else’s recklessness, grief and confusion can feel overwhelming. If the at-fault driver faces criminal charges in a car accident, many families wonder how that affects their right to justice.
The truth is that criminal proceedings, no matter the verdict, don’t prevent you from filing a civil lawsuit. A Los Angeles wrongful death claim focuses on your family’s losses, not criminal punishment. Even if the defendant is found not guilty, you still have the right to pursue financial compensation and accountability in civil court.
What Is the Difference Between Criminal Charges and Los Angeles Wrongful Death Claims?
A wrongful death claim is a civil case that allows the surviving family to hold the at-fault party financially accountable for the harm they’ve caused. It’s brought forward by the person representing the estate of your loved one, often a spouse, parent, or child, on behalf of the entire grieving family.
The goal is to ease the heavy burdens left behind by the tragedy:
- Covering medical bills from the accident
- Paying for the funeral and burial costs
- Compensating for the lost income that your loved one would have provided
- Addressing the deep emotional pain and loss of companionship
Criminal cases are different. Here, the state or federal government takes action, not your family. The aim is to prove that someone broke the law and should face penalties, including fines, probation, or even life in prison.
This is about punishment and protecting the public, not about compensating the family for their personal losses.
The Standards of Proof: What’s Needed to Win a Case
It’s important to understand that these two types of cases require different levels of proof:
Wrongful Death (Civil Case) — Preponderance of the Evidence
In a civil case, the bar is lower. It follows the preponderance of the evidence, where the jury decides whether it’s more likely than not that the defendant’s actions caused your loved one’s death. Even 51% certainty is enough to find them responsible. This lower burden of proof makes it possible to win a civil case even if criminal conviction fails.
Criminal Case — Beyond a Reasonable Doubt
In a criminal case, the standard is much higher. Jurors must be convinced beyond a reasonable doubt that the defendant committed the crime. That means they have no reasonable uncertainty left about the person’s guilt. If just one juror has a lingering doubt, the defendant can’t be convicted, even if their actions led to heartbreak.
Because of this difference, you can still file a wrongful death lawsuit in Los Angeles even if the driver isn’t convicted of a crime.
Can a Los Angeles Wrongful Death Case and Criminal Claim Happen At the Same Time?
Both a criminal case and a wrongful death lawsuit can happen simultaneously.
For example, a drunk driver speeds through a red light and causes a fatal crash. The state may pursue a criminal case against the driver, charging them with DUI manslaughter or vehicular homicide.
At the same time, the grieving family can file a wrongful death lawsuit. This is about something different: helping the family find some measure of financial stability after an unimaginable loss. No lawsuit can bring a loved one back. However, it can help cover funeral costs, lost future earnings, counseling for the children, and other damages that no criminal court will address.
Why both paths matter:
- A criminal case holds the wrongdoer accountable under the law. It aims to protect society, deter future crimes, and deliver justice on behalf of the state.
- A wrongful death lawsuit is about your family. It helps survivors cope with the practical and emotional costs of loss. It gives families the means to rebuild their lives.
These two paths don’t conflict. Instead, they work together. One seeks justice for the crime. The other seeks to honor the life lost and support those left behind.
How a Conviction Can Strengthen Your Case
If the at-fault driver is convicted of a crime related to the accident, that conviction becomes a powerful piece of evidence in your Los Angeles wrongful death claim.
Why? Because a criminal conviction confirms what you’ve known all along: that the driver’s choices were violations of the law that put lives at risk.
That criminal conviction can serve as clear, compelling evidence of the driver’s negligence. It can make it much harder for the insurance company or the defense to dispute liability. This strengthens your legal position and can speed up securing the compensation you need for medical care, lost income, future rehabilitation, and emotional recovery.
But it’s important to remember:
- A conviction doesn’t automatically mean your case is over. You’ll still need to prove the full extent of your damages, such as how the crash impacted your health, finances, and quality of life. You’ll need to show the costs of surgeries, therapy, lost wages, or the emotional trauma that keeps you from sleeping at night.
- The defense may still try to shift the blame. Even with a conviction in place, they might argue that you were partially responsible for the accident. In California, this could reduce your compensation because of the state’s comparative negligence laws. That’s why having a skilled Los Angeles wrongful death lawyer is crucial. They know how to counter these tactics and protect what you’re rightfully owed.
Types of Criminal Charges in Car Accidents
Depending on how the accident happened, the at-fault driver could face various criminal charges in a car accident, including:
- Driving Under the Influence (DUI): When a driver’s judgment is impaired by alcohol or drugs, they endanger everyone on the road. A DUI conviction not only brings criminal penalties but also serves as compelling evidence of recklessness in your civil case.
- Reckless Driving: This covers behavior like excessive speeding, weaving through traffic, or ignoring traffic signals. These are actions that show a blatant disregard for the safety of others.
- Vehicular Manslaughter: If someone loses their life because of the driver’s dangerous actions, this is a serious charge that carries heavy criminal consequences.
- Vehicle Theft: If the driver didn’t even have the legal right to be behind the wheel (for example, if the car was stolen), this adds another layer of criminal liability.
Can I Still File a Los Angeles Wrongful Death Claim Even If the Other Party Is Not Convicted?
It’s a common mistake to believe that if the at-fault party is found not guilty in a criminal case, you can’t hold them accountable in civil court. This is far from the truth. Remember that different standards of proof must be established in criminal and civil cases. So, even if a criminal case is not proven, you may still file a wrongful death claim.
Do I Need the Help of a Los Angeles Wrongful Death Lawyer Even If the Other Party is Convicted?
When someone is convicted of a crime that caused your loved one’s death, it can feel like justice has been served. And in some ways, it has. The criminal court holds that person accountable under the law. But a criminal conviction doesn’t automatically provide your family with the financial compensation or resources you need to heal, rebuild, and move forward.
However, the goal of a criminal case is to punish the wrongdoer through fines, probation, or prison time. It’s not designed to help you. It won’t cover funeral costs, unpaid medical bills, lost income, or the deep emotional and financial void left behind.
A Los Angeles wrongful death lawyer steps in to fight for what matters most to your family. They’ll build a civil case that focuses on your rights and your future, not just punishing the other party, but helping your family secure the compensation that can provide stability during an incredibly difficult time.
Here’s what the right lawyer can do for you:
Prove your damages
Even with a conviction, you’ll still need to show the full impact of your loss, emotionally, financially, and practically.
Negotiate with insurance companies
Insurers will still try to minimize payouts, no matter what happened in criminal court. A lawyer can protect you from lowball offers.
Hold all responsible parties accountable
Sometimes more than one party shares the blame, whether it’s a negligent employer, a company, or another driver. Your attorney will uncover every source of compensation.
Give you space to grieve
The last thing you need right now is to navigate complex legal processes alone. With an attorney by your side, you can focus on your family and emotional recovery.
Remember, a conviction strengthens your civil case, but it doesn’t replace it. Filing a wrongful death lawsuit is your opportunity to seek justice that helps your family heal, not just punish the wrongdoer.
Have questions about your case? Call us today at 800-333-0000 or fill out our contact form to speak with a dedicated wrongful death attorney in Los Angeles, CA. We’re here to provide the uncompromising support and expertise you need.
Struggling after a crash? Contact our car accident attorneys today for a complimentary case review.
What Our Clients Say About Us
While many personal injury attorneys can handle your case and build a legal defense, our dedication to advocating diligently on your behalf distinguishes us. We go above and beyond to ensure that our Los Angeles wrongful death lawyers are fully prepared to create a strong claim, as proven by our pleased prior clients.
“Excellent experience due to our auto accident. The staff are very professional and courteous. They make sure that your experience with their office would be as pleasant as possible. Thank you!” – Leon A.
Frequently Asked Questions About Wrongful Death Claims
Need to learn more about accident claims? We want to help you! Here are common questions asked by injured accident victims, which may clarify various aspects of your case.
Learn What You Should Expect When Filing a Wrongful Death Lawsuit in California
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Make Sure You Avoid These Four Mistakes That Can Weaken Your Wrongful Death Case
References
beyond a reasonable doubt | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved June 25, 2025, from https://www.law.cornell.edu/wex/beyond_a_reasonable_doubt
Bieber J.D., C. (2023, August 29). Civil vs. Criminal Cases: What’s The Difference? Forbes.com. https://www.forbes.com/advisor/legal/criminal-defense/civil-vs-criminal-case/
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved June 25, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
preponderance of the evidence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved June 25, 2025, from https://www.law.cornell.edu/wex/preponderance_of_the_evidence
