Losing a loved one is devastating, especially when their death results from someone else’s actions. But what happens if the person responsible for the death has already faced criminal charges? Can you still file a civil lawsuit for wrongful death? The short answer is yes — criminal cases and wrongful death lawsuits are separate legal processes. If you’re seeking justice for your loved one, working with an experienced wrongful death attorney Minneapolis can help you understand your options.
Let’s break down how these two legal paths differ — and how a wrongful death claim can still move forward after a criminal case.
Criminal Case vs. Civil Lawsuit: What’s the Difference?
At first glance, criminal and civil cases might seem similar — both involve courts, lawyers, and evidence — but they serve different purposes.
- Criminal cases are brought by the state against someone accused of breaking the law. The goal is to punish the wrongdoer through jail time, fines, or probation.
- Civil cases, like wrongful death lawsuits, are filed by the victim’s family or estate. The purpose here is to seek financial compensation for the loss of their loved one.
Importantly, a criminal conviction doesn’t prevent a family from pursuing a wrongful death claim — and a person can be found liable in civil court even if they were acquitted in criminal court.
Why? Different Standards of Proof
One reason you can sue for wrongful death after a criminal case is that the two courts operate under different standards of proof:
- Criminal court: Guilt must be proven “beyond a reasonable doubt” — the highest legal standard.
- Civil court: Liability only needs to be proven by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant’s actions caused the death.
Because the burden of proof is lower in civil cases, someone might escape criminal conviction but still be held responsible for wrongful death.
A well-known example is the O.J. Simpson case — although he was acquitted of criminal charges, he was later found liable in a civil wrongful death lawsuit.
What If There Was a Conviction?
According to the American Bar Association, if the person responsible for your loved one’s death was convicted in criminal court, that conviction can strengthen your wrongful death claim. A criminal verdict can serve as powerful evidence of wrongdoing.
However, even with a conviction, you still need to prove how the wrongful death affected your family — emotionally and financially — to claim damages. These may include:
- Funeral and burial costs
- Lost income and benefits
- Medical bills related to the incident
- Loss of companionship and emotional support
Your wrongful death attorney Minneapolis can help you gather the evidence needed to build a strong case for these damages.
What If There Was an Acquittal?
An acquittal in criminal court doesn’t mean you’re out of options. Because civil courts require less evidence to prove liability, many families still successfully pursue wrongful death claims after a not-guilty verdict.
For example, if someone caused your loved one’s death through reckless behavior — like drunk driving — but avoided criminal punishment due to insufficient evidence, you can still hold them financially accountable in a civil suit.
When Should You File a Wrongful Death Lawsuit?
Timing is crucial. In Minnesota, the statute of limitations for filing a wrongful death claim is three years from the date of death — but it’s best to act as soon as possible.
Early action helps your attorney collect fresh evidence, interview witnesses, and build a compelling case. Delays can make it harder to prove key details, especially if memories fade or records are lost.
How a Wrongful Death Attorney Can Help
Navigating both criminal and civil cases is emotionally and legally complex. That’s why working with a skilled wrongful death lawyer is essential. They can:
- Explain how criminal outcomes impact your civil claim
- Gather evidence and expert testimonies
- Calculate fair compensation for your loss
- Negotiate with insurance companies or opposing attorneys
A dedicated lawyer ensures your family’s voice is heard and fights for the justice and closure you deserve.
Final Thoughts
Yes — you can absolutely sue for wrongful death after a criminal case. Whether there was a conviction, an acquittal, or no criminal charges at all, a civil lawsuit offers another path to justice. Your family’s suffering deserves acknowledgment, and financial compensation can ease the burden of unexpected expenses and emotional hardship.
If you’re considering filing a wrongful death claim, don’t hesitate to speak with a wrongful death attorney Minneapolis to explore your options. Their guidance can be the key to securing the justice and financial support your family needs. Additionally, the National Center for Victims of Crime provides helpful support for families navigating wrongful death claims.
