{"id":6411,"date":"2026-11-05T08:47:52","date_gmt":"2026-11-05T08:47:52","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/fatal-crash-criminal-charges-wrongful-death-claim-california\/"},"modified":"2026-11-07T05:31:54","modified_gmt":"2026-11-07T05:31:54","slug":"fatal-crash-criminal-charges-wrongful-death-claim-california","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/fatal-crash-criminal-charges-wrongful-death-claim-california\/","title":{"rendered":"Wait for Criminal Charges Before a Wrongful Death Claim?"},"content":{"rendered":"\n
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Wrongful Death | Bakersfield, CA<\/p>

Thinking About a Wrongful Death Claim While Criminal Charges Are Pending?<\/h1>

A criminal case and a wrongful death claim can run on different tracks. Colvin Accident Lawyers offers a free, confidential first consultation, with no obligation to continue, to help you understand how the two may affect your family.<\/p>

Request a Free Consultation<\/a><\/div>
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By Donald Norman Colvin \u00b7 Published November 5, 2026<\/p>\n\n

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Short Answer: A Wrongful Death Claim Does Not Have to Wait for Criminal Charges<\/h2>\n

The civil claim is a separate case. It asks for money to cover losses caused by a death. It does not punish the person responsible.<\/p>\n

If you’re reading this, you may be waiting on a police report or a prosecutor’s decision. You may also be making hard choices for your family while you grieve. Those questions are heavy, and it’s fair to ask what the timing means for your rights.<\/p>\n

Under Code Civ. Proc. \u00a7 377.60<\/a>, certain family members may bring the claim. These include the decedent’s surviving spouse, domestic partner, and children. The decedent is the person who died. Dependent family members, such as stepchildren and parents, may also sue. A personal representative can file on their behalf.<\/p>\n

For an overview of how these cases work, see our wrongful death lawyer page<\/a>.<\/p>\n\n

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If charges are pending or were never filed, you may be carrying this alone while you grieve, and we can talk through your family's options in a confidential call. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Two Separate Cases, Two Different Standards of Proof<\/h2>\n

A criminal case and a wrongful death claim are separate cases with different parties and different proof. The government brings the criminal case. The family brings the civil claim.<\/p>\n

California law makes a person responsible for harm caused by a lack of ordinary care. That rule appears in Civ. Code \u00a7 1714<\/a>. The civil claim turns on that duty of care: under Civ. Code \u00a7 1714<\/a>, a person is responsible for an injury occasioned to another by his or her want of ordinary care or skill. Cal. Civ. Code \u00a7 1714<\/a> reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”<\/p>\n

Prosecutors can decline to file charges. The civil claim can still move forward on the same facts. The two cases can end in different ways.<\/p>\n

Why Families Often Hear the Criminal Case Should Come First<\/h2>\n

Timing is a planning question, not a reason to give up the civil claim. Many families hear that the criminal case must finish first. The usual worry is that civil work will get in the way of the prosecution.<\/p>\n

That can slow the civil case. Whether a pause is requested or granted depends on the facts and the court involved.<\/p>\n

Criminal work also produces records. Police reports, body camera footage, and witness interviews can become available through the criminal process. Those records can shape how the civil case is organized. A plan for this sequence is worth discussing early, while the facts are still fresh.<\/p>\n

How a Criminal Conviction Can Affect a Wrongful Death Claim<\/h2>\n

A criminal outcome can matter to the civil case, but it does not decide the civil case. The family still has to prove the claim with its own evidence.<\/p>\n

The criminal file can still help. Police reports, crash findings, and witness statements give the civil side facts to work with. Those facts must still show who was at fault and how that fault caused the death.<\/p>\n

A plea or a verdict should be reviewed against the actual records before anyone relies on it. The criminal charge, the plea, and the civil claim each follow their own rules. Reading one as a final answer for the other can lead a family to the wrong conclusion.<\/p>\n

Keep the focus on the facts you can document now. Gather the crash report, the names of witnesses, and any notices you have received. These items help any review of the civil claim, whatever happens in the criminal case.<\/p>\n

What If Charges Are Never Filed or the Case Is Dismissed?<\/h2>\n

A family can still bring a wrongful death claim when no one is charged. Some fatal crashes never lead to criminal charges.<\/p>\n

Civil cases in these situations often rely on several kinds of evidence:<\/p>\n