When a loved one dies due to someone else's actions, families often wonder about their legal options and the distinction between criminal charges and civil lawsuits. While both address the same tragic event, wrongful death civil cases and criminal homicide prosecutions serve different purposes and follow separate legal processes. Understanding these differences is crucial for families seeking justice and compensation after losing a loved one.
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At the Porter Law Group, we help families navigate the civil side of these cases through wrongful death claims. While we cannot control criminal proceedings, we can explain how both systems work—and why pursuing a civil case may be crucial for your family's financial recovery and sense of justice.
Fundamental Differences: Civil vs. Criminal Cases
Criminal Cases are brought by the state to punish wrongdoers and protect the public. The goals are:
- Holding offenders accountable to society
- Deterring future criminal behavior
- Protecting public safety
- Imposing punishment such as imprisonment, fines, or probation
Civil Wrongful Death Cases are brought by families to seek compensation for their losses. The goals are:
- Recovering financial compensation for economic losses
- Establishing accountability through monetary damages
- Helping families rebuild financial stability
- Achieving a measure of justice through the legal system
Who Brings the Case
Criminal Cases:
- Filed by district attorneys or state prosecutors
- Represent the interests of the state and society
- Families have no control over whether charges are filed
- Victims' families may be witnesses, but not parties to the case
Civil Wrongful Death Cases:
- Filed by the deceased's estate through a personal representative
- Represent the interests of surviving family members
- Families control whether to file the lawsuit
- Family members are the plaintiffs seeking compensation
Legal Standards: Burden of Proof
One of the most significant differences between criminal and civil cases lies in the burden of proof required for a successful outcome.
Criminal Cases: Beyond a Reasonable Doubt
Criminal prosecutors must prove the defendant’s guilt to near-certainty, showing:
- Actus reus (criminal act) - such as firing a weapon or driving recklessly
- Mens rea (culpable mental state) - intent, recklessness, or criminal negligence
- Causation - linking the criminal act directly to the death
This high standard means that even if it’s widely believed someone caused the death, a criminal conviction may not occur if there's reasonable doubt about intent or the specific circumstances.
Civil Cases: Preponderance of the Evidence
Civil wrongful death cases require proof that the defendant's actions were "more likely than not" the cause of death. Plaintiffs must demonstrate:
- Duty of care - the defendant owed a responsibility to act safely
- Breach of duty - the defendant failed to meet that standard
- Causation - the breach directly led to the death
- Damages - quantifiable losses resulted from the death
This lower standard means you can win a civil case even if the defendant is acquitted criminally.
Types of Criminal Charges vs. Civil Claims
Criminal Homicide Charges in New York
Under New York Penal Law Article 125, criminal charges for causing death include:
Murder in the Second Degree (PL § 125.25):
- Intentional killing with premeditation
- Acting with depraved indifference to human life
- Penalties: Life imprisonment
Manslaughter (PL §§ 125.15–125.20):
- First Degree: Intentional killing in the heat of passion
- Second Degree: Recklessly causing death
- Penalties: 5-25 years imprisonment
Criminally Negligent Homicide (PL § 125.10):
- Death from gross negligence
- Penalties: Up to 4 years imprisonment
Civil Wrongful Death Claims
Civil cases don't require proof of criminal intent. Claims may arise from:
- Negligent conduct (e.g., car accidents, medical malpractice)
- Reckless behavior (e.g., drunk driving, safety violations)
- Intentional acts (e.g., assault, product tampering)
- Professional malpractice (e.g., medical errors, legal negligence)
The key is that the death resulted from conduct that would have given the deceased a personal injury claim if they had survived.
Remedies and Outcomes
Criminal Case Outcomes
For Society:
- Incarceration removes dangerous individuals from the community
- Punishment serves as a deterrent to others
- Justice is served on behalf of the state
For Families:
- Limited financial relief through restitution orders
- Restitution typically covers only funeral costs and medical bills
- No compensation for lost income or emotional suffering
- Sense of justice through accountability
Civil Case Outcomes
Financial Compensation: Under current New York law, families can recover:
- Lost earnings the deceased would have provided
- Medical expenses prior to death
- Funeral and burial costs
- Value of services the deceased provided
- Loss of parental guidance for children
- Conscious pain and suffering of the deceased
Distribution:
- Awards go directly to surviving family members
- Distribution is allocated based on each beneficiary’s financial dependence
- Provides ongoing financial security for survivors
The Interplay Between Criminal and Civil Cases
Both Cases Can Proceed Simultaneously
Criminal and civil cases addressing the same death can happen at the same time, each following its own timeline and procedures. The outcome of one doesn't determine the other:
- Criminal acquittal doesn't prevent civil victory - The famous O.J. Simpson case demonstrated this principle.
- Criminal conviction can aid civil cases - Facts established in criminal court cannot be re-litigated in civil court.
- Different evidence may be relevant - Civil courts may allow evidence not permitted in criminal trials.
Timing Considerations
Statute of Limitations:
- Criminal cases: No limit for murder; 5 years for manslaughter
- Civil cases: Generally 2 years from the date of death (2.5 years for medical malpractice)
Impact of Criminal Proceedings: If criminal proceedings are active, New York law allows families 1 year after the case concludes to file a civil lawsuit—even if the typical deadline has passed.
Real-World Examples
Drunk Driving Fatality
- Criminal case: Driver charged with vehicular manslaughter, facing 5-15 years in prison
- Civil case: Family sues for lost income, funeral costs, and loss of guidance; may recover hundreds of thousands or millions in damages
Medical Malpractice Death
- Criminal case: Rare; typically only filed in cases of extreme negligence or intentional harm
- Civil case: Family sues hospital and doctor for medical expenses, lost earnings, and conscious pain and suffering
Construction Accident
- Criminal case: Supervisor charged with criminally negligent homicide for safety violations
- Civil case: Family sues construction company, property owner, and equipment manufacturer for comprehensive damages
Why Both Cases Matter
Different Types of Justice
Criminal cases provide societal justice:
- Acknowledgment that a crime occurred
- Punishment proportional to the severity of the act
- Protection of the community from future harm
Civil cases provide family justice:
- Financial security for survivors
- Acknowledgment of the family's specific losses
- Compensation for both economic and some non-economic damages
Complementary Accountability
Having both criminal and civil systems ensures comprehensive accountability:
- Criminal punishment addresses society's interest in justice.
- Civil compensation addresses families' need for financial recovery.
- Together, they create strong incentives for safe behavior and responsibility.
Pending Legal Changes: The Grieving Families Act
New York is considering significant reforms to wrongful death law through the proposed Grieving Families Act, which would:
Expand Recoverable Damages:
- Allow compensation for grief, anguish, and emotional suffering
- Recognize loss of companionship and guidance
- Acknowledge that families suffer more than just economic losses
Broaden Eligible Beneficiaries:
- Include domestic partners and non-traditional family relationships
- Recognize modern family structures
Extend Time Limits:
- Increase statute of limitations from 2 years to 3.5 years
- Provide more time for grieving families to pursue legal action
What This Means for Your Family
You Don't Have to Choose
Families don't have to choose between criminal prosecution and civil litigation. Criminal and civil proceedings can both move forward. One doesn’t block the other. However, both serve important purposes in achieving comprehensive justice.
Criminal Cases Are Out of Your Hands
While families can encourage prosecutors to file charges and can provide information to support criminal cases, the decision to prosecute lies entirely with the state. Prosecutors may decline to file charges or may offer plea bargains that families disagree with.
Civil Cases Give You Control
In contrast, civil wrongful death cases are entirely within the family's control. You decide whether to sue, how aggressively to pursue the case, and whether to accept settlement offers. This control can be empowering during a time when families feel helpless.
Financial Recovery Requires Civil Action
If your family faces financial hardship due to your loved one's death, civil litigation is typically the only way to recover meaningful compensation. Criminal restitution is limited and often inadequate for addressing the full scope of a family's losses.
Why You Need Experienced Legal Representation
Navigating both criminal and civil proceedings simultaneously requires experienced legal guidance. The Porter Law Group focuses exclusively on the civil side, helping families:
- Understand how criminal proceedings may affect their civil case
- Preserve evidence that may be crucial to both cases
- Meet strict deadlines that could bar recovery forever
- Calculate the full value of their losses
- Navigate complex procedural requirements
Looking to File a Wrongful Death Claim in New York?
Reach out to our experienced team for a free consultation.
Why Choose the Porter Law Group for Your New York Wrongful Death Case?
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Contact a New York Wrongful Death Attorney
If you've lost a loved one due to someone else's actions, time is critical. While criminal cases may take years to resolve, civil cases have strict deadlines that cannot be extended. Don't let the complexity of having both criminal and civil cases prevent you from seeking the compensation your family deserves.
The Porter Law Group provides free, no-obligation consultations to help you understand your rights and options. We work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your family.
Contact us today at 833-PORTER9 or email info@porterlawteam.com to discuss your case and learn how we can help you pursue justice and financial recovery during this difficult time.
Remember: criminal justice and civil justice serve different but equally important purposes. While prosecutors handle the criminal case, you need experienced wrongful death attorneys handling your civil case to ensure your family's financial future is protected.
