When a loved one dies because of someone else’s actions, two very different legal systems may come into play. Many families assume a criminal conviction is required before they can seek civil compensation. That assumption is wrong, and understanding the difference matters.
Two Separate Systems, Two Separate Goals
Criminal cases and civil wrongful death claims operate independently of each other. A prosecutor brings a criminal case on behalf of the state. The goal is punishment: prison time, fines, or probation. The family of the victim has no direct control over whether charges are filed or how the case proceeds.
A wrongful death claim is different. It is filed by surviving family members through the civil court system. The goal is financial compensation for the losses the family has suffered, not punishment of the defendant.
This distinction has real consequences. A person can be acquitted in criminal court and still be found liable in a civil wrongful death case. The O.J. Simpson trials remain the most well-known American example of this.
The Standard of Proof Is Not the Same
In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. That is an intentionally high bar designed to protect the accused from wrongful conviction.
In a civil wrongful death case, the standard is a preponderance of the evidence. In plain terms, the evidence must show it is more likely than not that the defendant’s conduct caused the death. A lower threshold, which is why civil cases can succeed even when criminal charges do not.
Who Can File a Wrongful Death Claim in Colorado
Colorado law limits who may bring a wrongful death action. Under C.R.S. § 13-21-202, the right to file depends on timing after the death:
- In the first year, the surviving spouse or domestic partner has the exclusive right to file.
- In the second year, children of the deceased may also bring a claim.
- If there is no surviving spouse, children, or designated beneficiary, parents may have standing to file.
A Pueblo wrongful death lawyer can help surviving family members understand their standing under Colorado law and whether their situation supports a civil claim.
Damages in a Wrongful Death Case
Unlike criminal restitution, civil wrongful death damages are meant to address the full financial and personal impact of the loss. Recoverable damages may include:
- Medical expenses incurred before the death
- Funeral and burial costs
- Lost income and future financial support
- Loss of companionship, care, and guidance
These damages exist entirely separate from any criminal outcome.
Does a Criminal Case Help a Civil Claim
A criminal conviction can strengthen a civil wrongful death case. A guilty verdict establishes that the defendant committed the act, which may be introduced as evidence in civil proceedings. But it is not a requirement. Civil cases move forward on their own evidence, their own timeline, and their own legal standards. Ganderton Law Personal Injury Law Firm has represented families across Colorado in wrongful death claims and understands how to build a strong case independent of criminal proceedings.
Moving Forward After a Tragic Loss
Families should not wait for criminal proceedings to conclude before considering their civil options. The two processes run on separate tracks, and Colorado’s wrongful death statute carries its own filing deadlines regardless of what happens in criminal court.
Speaking with a Pueblo wrongful death lawyer as early as possible helps protect your family’s right to seek compensation. If someone you love died because of another person’s negligence or wrongful conduct, reach out to our team to discuss your legal options.