The loss of a loved one is profoundly distressing, particularly when their death results from another individual’s negligence or intentional misconduct. If criminal charges, such as homicide or manslaughter, are brought against the responsible party, you may have questions about how this impacts your right to seek legal recourse through a wrongful death lawsuit.
At the CEO Lawyer Personal Injury Law Firm, we understand the complexities of cases that involve both criminal and civil actions. This FAQ explains how criminal charges and wrongful death cases work in New York, the differences between criminal and civil cases, and what you need to know about pursuing justice and compensation.
For personalized guidance, call us at (516) 689-1132 for a free consultation.
Can I File a Wrongful Death Claim if Criminal Charges Are Pending?
Yes, you can file a wrongful death claim even if criminal charges are pending or have already been filed. In fact, wrongful death claims are civil lawsuits, and they are entirely separate from criminal proceedings.
This means that:
- The outcome of a criminal trial does not determine whether you can file or win a wrongful death lawsuit.
- A criminal conviction is not required to succeed in a civil wrongful death case.
- You can pursue compensation for your losses through a wrongful death claim regardless of the criminal case’s status.
What Is the Difference Between Criminal and Civil Wrongful Death Cases?
The main difference between criminal and civil wrongful death cases lies in their purpose, legal standards, and outcomes.
Criminal Case
- Purpose: The goal of a criminal case is to punish the defendant for violating laws and protect society from further harm.
- Filed By: The state or government, not the victim’s family.
- Burden of Proof: The prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” which is a high standard.
- Outcome: If found guilty, the defendant may face penalties such as imprisonment, fines, or probation.
Civil Case (Wrongful Death Lawsuit)
- Purpose: The goal of a wrongful death lawsuit is to provide financial compensation to the deceased’s surviving family members for their losses.
- Filed By: The personal representative of the deceased’s estate on behalf of the family.
- Burden of Proof: The plaintiff must prove their case by showing it’s more probable than not that the defendant’s actions led to the death. This is a lower level of proof compared to criminal cases.
- Outcome: If successful, the plaintiff receives monetary damages, which the defendant (or their insurer) must pay.
Key Takeaway
It’s possible to win a civil lawsuit for wrongful death, even if the accused person is not convicted in the criminal court. This is because the level of evidence required to prove a case is lower in civil proceedings.
How Does New York Law Define Wrongful Death?
Under New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1, a wrongful death occurs when a person dies due to the negligent, reckless, or intentional acts of another party. To file a wrongful death claim in New York, the following elements must be proven:
- A Death Occurred: The individual’s death must have resulted from the defendant’s actions or inactions.
- Negligence or Intent: The defendant’s conduct must have been negligent, reckless, or intentional.
- Causation: The defendant’s actions must have directly caused the death.
- Surviving Beneficiaries: The deceased must have surviving family members who suffered financial losses due to the death.
- Damages: The death must have led to measurable financial losses, such as medical bills, funeral expenses, and lost income.
Learn more about wrongful death laws in New York here: New York State Legislature – EPTL § 5-4.1
Can Criminal Evidence Be Used in a Civil Wrongful Death Case?
Yes, evidence from a criminal case can often be used in a civil wrongful death case. In fact, a criminal case may uncover valuable evidence that can strengthen your civil claim, such as:
- Police Reports: Detailed accounts of the investigation, including witness statements and forensic evidence.
- Testimonies: Witnesses who testified in the criminal case can also testify in the civil case.
- Court Findings: If the defendant was convicted of a crime related to the death, this can be compelling evidence in your civil case.
What if the Defendant Is Acquitted?
Even if the defendant is acquitted in the criminal case, this does not mean they cannot be held liable in a civil wrongful death case. The lower burden of proof in civil cases means that you only need to show it was more likely than not that the defendant’s actions caused the death.
A well-known example is the O.J. Simpson case:
- He was acquitted of murder in the criminal trial.
- He was later found liable in the civil wrongful death case and ordered to pay millions in damages to the victims’ families.
What Types of Damages Can Be Recovered in a Civil Wrongful Death Case?
In a New York wrongful death lawsuit, surviving family members may be entitled to several types of damages, including:
Economic Damages
- Medical Expenses: Costs incurred for medical treatment prior to the deceased’s death.
- Funeral and Burial Costs: Legitimate expenditures incurred for funeral and burial arrangements.
- Loss of Income: Compensation for the deceased’s lost wages and future earning potential.
- Loss of Benefits: Including health insurance, retirement contributions, and pensions.
- Value of Services: Compensation for household services the deceased provided, such as childcare or maintenance.
Non-Economic Damages
Unfortunately, New York law currently does not allow recovery for non-economic damages, such as pain and suffering or loss of companionship, in wrongful death cases. However, efforts are being made to change this law.
Stay updated on these developments by consulting an attorney.
What Challenges Might Arise in Civil and Criminal Wrongful Death Cases?
When both civil and criminal cases are involved, unique challenges can arise, including:
- Timing Issues: Criminal cases often take priority, meaning the civil case may need to wait until the criminal trial concludes. However, this delay can also provide more time to gather evidence for the civil case.
- Public Attention: High-profile cases with criminal charges may attract media attention, which can complicate the civil case by influencing public perception or creating biases.
- Different Legal Standards: The different burdens of proof in civil and criminal cases mean that evidence and arguments must be tailored to each proceeding.
- Coordination Between Legal Teams: Ensuring that the civil and criminal attorneys share evidence and cooperate effectively is essential to building a strong case.
What Are the Benefits of Filing a Wrongful Death Claim if Criminal Charges Are Involved?
Filing a wrongful death claim alongside criminal charges can provide several benefits, including:
- Accountability: Even if the criminal case fails, a civil lawsuit ensures the responsible party is held financially accountable.
- Compensation: Criminal trials do not provide monetary compensation to the victim’s family. A wrongful death lawsuit can address the financial impact of your loss.
- Closure: Pursuing both criminal and civil actions can help families feel a sense of justice and closure.
How Long Do I Have to File a Wrongful Death Claim in New York?
The statute of limitations for filing a wrongful death claim in New York is two years from the date of the deceased’s death. This deadline is strict, meaning that if you miss it, you will likely lose your right to pursue compensation through the courts.
However, there are a few nuances and exceptions to be aware of that might extend or complicate this timeframe.
Factors That Can Affect the Deadline
- Criminal Proceedings: If criminal charges are filed in connection with the death, the civil wrongful death claim can often proceed simultaneously or may need to wait until the criminal case concludes. While the two-year statute of limitations still applies, the evidence from the criminal case may strengthen the civil case if it is filed within the allowable time.
- Discovery of Negligence: In rare cases, the statute of limitations may be extended if negligence or other liable actions are discovered after the two-year period. For example, if new evidence comes to light proving a party’s involvement in causing the death, the timeframe to file a claim might be revisited.
- Claims Against Government Entities: If the wrongful death involves a government entity, such as a city-run hospital, public transportation authority, or law enforcement agency, additional legal requirements and shorter time limits apply. In most cases, you must file a Notice of Claim within 90 days of the incident, and you may have as little as one year and 90 days to file a lawsuit.
- Minors as Beneficiaries: If the deceased’s surviving children are minors, exceptions may be made to account for their inability to act. While the wrongful death claim must still be filed within the two-year window, courts may grant special considerations for how damages are distributed to minor beneficiaries.
Why Should I Hire an Attorney for a Civil and Criminal Wrongful Death Case?
Wrongful death cases that overlap with criminal charges can be legally and emotionally complex. Here’s how an experienced attorney can help:
- Investigate Thoroughly: Gather additional evidence beyond what was presented in the criminal trial.
- Build a Strong Case: Tailor arguments and evidence to meet the lower burden of proof in the civil case.
- Coordinate With Law Enforcement: Work with investigators and prosecutors to access evidence and ensure your case aligns with the criminal proceedings.
- Negotiate Settlements: Handle negotiations with insurance companies and opposing attorneys to secure fair compensation.
- Provide Emotional Support: Guide you through the process with empathy and understanding.
At the CEO Lawyer Personal Injury Law Firm, we specialize in handling complex wrongful death cases in New York. Our New York wrongful death attorneys are dedicated to achieving justice and financial recovery for your family.
What Are the Next Steps?
If you’re considering filing a wrongful death lawsuit and criminal charges are involved, don’t navigate this process alone. Contact the CEO Lawyer Personal Injury Law Firm at (516) 689-1132 for a free consultation today.
Let us fight for the compensation and accountability your family deserves. Contact us today!
