When a loved one dies unexpectedly due to someone else’s actions, families face not only great loss and emotional pain but also complex legal issues. Two common legal paths that arise in these situations are wrongful death claims and criminal charges.
While both involve the death of an individual, they differ significantly in purpose, process, and outcome. Understanding these differences is crucial for families seeking justice and for individuals who may be involved in such cases.
At Johnson, Johnson, Whittle, Lancer, & Staggs in Aiken, SC, we know how overwhelming these cases can be. Our experienced wrongful death attorneys are here to guide you with clarity and compassion. If you have questions or need help navigating a wrongful death case, call us at (803) 649-5338—we’re here for you.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by the surviving family members or the estate of a person who died because of someone else’s negligence or misconduct. Unlike criminal charges, which aim to punish the wrongdoer, a wrongful death claim seeks financial compensation to help families recover from the economic and emotional impact of their loss.
In South Carolina, wrongful death claims are governed by the state’s Wrongful Death Act (S.C. Code § 15-51-10), which allows the decedent’s spouse, children, or other heirs to pursue damages when a death results from a wrongful act that would have supported a personal injury lawsuit had the person survived.
Wrongful death claims can arise from a wide range of situations, including:
- Car accidents
- Medical malpractice
- Defective or dangerous products
- Workplace accidents
- Premises liability
What Are Criminal Charges?
Criminal charges are formal accusations brought by the state or a government prosecutor, not by the victim’s family. These charges aim to hold a person legally accountable for breaking the law, especially in cases where someone’s actions result in another person’s death.
Unlike a wrongful death lawsuit—which seeks financial compensation for the family’s loss—criminal charges are designed to punish the offender and protect the public. Penalties can include jail or prison time, fines, probation, or other court-ordered consequences.
Examples of criminal charges that may arise after a death include:
- Homicide
- Manslaughter
- DUI causing death
- Reckless driving or criminal negligence
In South Carolina, these offenses are prosecuted under various sections of the South Carolina Code of Laws, such as:
- S.C. Code § 16-3-10 (Murder)
- S.C. Code § 56-5-2945 (Felony DUI with death)
In criminal cases, the government must prove the defendant’s guilt beyond a reasonable doubt, a much higher standard than in civil lawsuits.
Key Differences Between the Two
Although wrongful death claims and criminal charges may arise from the same tragic event, they are legally separate and serve very different roles in the justice system.
Here’s how they compare across four key areas:
Purpose of the Case
- Civil (Wrongful Death): The main goal of wrongful death claims is to compensate the family for the financial and emotional losses they’ve suffered due to their loved one’s death.
- Criminal: The purpose of criminal cases is to punish the defendant for violating the law and to protect public safety by holding offenders accountable.
Who Files the Case
- Civil: A wrongful death claim is filed by the deceased person’s family or their estate representative, typically through a private attorney.
- Criminal: A government prosecutor or district attorney files criminal charges on behalf of the state. The victim’s family does not control whether charges are brought.
Burden of Proof
- Civil: The family must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant’s actions caused the death.
- Criminal: The state must prove the defendant’s guilt “beyond a reasonable doubt,” which is a much higher legal standard.
Possible Outcomes
- Civil: If successful, the family may receive financial compensation for things like funeral costs, medical bills, lost future income, and emotional suffering.
- Criminal: If convicted, the defendant may face jail or prison time, fines, probation, or other criminal penalties under South Carolina law.
Can Both a Civil and Criminal Case Be Filed?
Yes—both a civil wrongful death claim and a criminal case can be filed for the same incident, and they typically proceed independently of each other.
For example, if a person dies in a DUI crash, the state may file criminal charges against the impaired driver for felony DUI resulting in death. At the same time, the deceased person’s family can file a wrongful death lawsuit in civil court to seek compensation for their losses—such as funeral costs, medical expenses, and loss of future income.
While the two cases are separate, the timing and outcome of one can sometimes affect the other:
- A criminal conviction can strengthen a civil case, especially since it may serve as strong evidence of liability.
- Even if the defendant is not convicted in criminal court, the family may still win in civil court because the burden of proof is lower (“preponderance of the evidence” vs. “beyond a reasonable doubt”).
In some situations, the civil case may be put on hold (stayed) until the criminal case is resolved, especially if the facts are closely related.
Why Legal Representation Matters
When a loved one dies due to someone else’s actions, pursuing justice can quickly become legally complex—especially when both civil and criminal cases are involved. That’s why having the right legal representation is so important.
Civil and criminal cases require different legal strategies, and each system follows its own rules, procedures, and timelines. Navigating both at the same time—especially while grieving—can be overwhelming without experienced legal help.
For families, this often means working with a personal injury attorney who can file a wrongful death claim on your behalf and coordinate with criminal prosecutors when needed. While prosecutors focus on securing a criminal conviction, your civil attorney’s job is to gather all relevant evidence and build a strong case to ensure fair compensation for the emotional and financial losses your family has suffered.
For defendants, facing criminal charges after a fatal incident requires the support of a skilled criminal defense attorney who can protect their rights and build a strong legal strategy. At the same time, if the victim’s family files a wrongful death lawsuit, the defendant may also need experienced civil defense counsel to respond to the financial claims and help limit potential liability.
Navigating both criminal prosecution and civil litigation simultaneously demands a coordinated and strategic approach to ensure the best possible outcome in each case.
Understanding the Legal Paths After a Tragic Loss
Losing a loved one due to someone else’s actions is devastating—and navigating the legal aftermath can be just as overwhelming. As we’ve outlined, wrongful death claims and criminal charges are two very different legal responses to the same tragic event.
Understanding your rights in both types of cases is critical—whether you’re a grieving family seeking justice and financial relief, or someone facing serious legal consequences. Each path requires a unique legal strategy and the right representation.
At Johnson, Johnson, Whittle, Lancer, & Staggs in Aiken, SC, we’re here to help. Whether you’re pursuing a wrongful death claim or responding to legal action, our attorneys have the experience and compassion to protect your interests. Call us at (803) 649-5338 to schedule a confidential consultation.
