Pursuing a Wrongful Death Claim While the Criminal Case Is Pending

Families often ask whether a wrongful death lawsuit can move forward while the driver’s criminal case is still pending. In most cases in California, it can. The two cases run on separate tracks, with different parties and different goals. Timing still varies with each crash and each court schedule.

Short Answer: Criminal and Civil Cases Run Separately

The civil claim and the criminal case are two separate proceedings. The state prosecutes the criminal case against the driver. The family pursues the civil claim, through certain heirs or the personal representative of the estate.

The goals differ, too. A criminal case asks whether the driver committed a crime and, if so, what punishment follows. A wrongful death lawsuit asks whether another person’s carelessness caused the death and what the family lost because of it.

Questions about a criminal case and a civil claim often come up together, and a lawyer can explain how the two may relate in your situation. Our wrongful death lawyer guide walks through the full process, from the first call to a resolution.

What Vehicular Manslaughter Charges Mean for a Civil Claim

A vehicular manslaughter charge is the prosecutor’s case against the driver. It is not a finding that settles who owes the family money.

The civil claim rests on negligence, which means a failure to use reasonable care.

Some driving laws are also written with injury in mind. Vehicle Code 23153 makes it unlawful to drive under the influence of alcohol and, while driving, concurrently do an act forbidden by law or neglect a duty imposed by law in driving, where that act or neglect proximately causes bodily injury to another person. A criminal charge under a law like this shows what the state alleges. The civil case still has to prove how the crash happened and who is responsible for the harm. That work uses the crash facts, the records, and the witness accounts, not the charge alone.

Who Can File and What the Family Can Pursue

Under Code of Civil Procedure 377.60, certain family members can bring a wrongful death claim. These include the surviving spouse, the domestic partner, the children, and the issue of deceased children. If the decedent left no surviving issue, the persons, including the surviving spouse or domestic partner, who would be entitled to the decedent’s property by intestate succession may file.

Other people may also file if the facts fit. Under the same section, a person who was dependent on the decedent can bring the claim. That includes a putative spouse, stepchildren, parents, or a legal guardian when the parents have died. A minor can bring the claim if the minor lived in the decedent’s household for the previous 180 days and depended on the decedent for one-half or more of the minor’s support.

The personal representative of the estate can also file on their behalf. Under Code of Civil Procedure 377.61, damages may be awarded that are just under all the circumstances of the case, but may not include damages recoverable under Section 377.34.

The estate’s own claim works differently. Under Code of Civil Procedure 377.34, damages for the decedent’s losses before death do not include pain, suffering, or disfigurement, except for exceptions tied to specific filing dates. Families in the Bakersfield area can read our Kern County wrongful death page for local context.

Timing: How a Pending Criminal Case Can Affect the Civil Claim

A pending criminal case can slow parts of the civil case. It does not automatically stop the civil case. The filing deadline is the timing rule that matters most. Under Code of Civil Procedure 335.1, the period for an action for the death of an individual caused by another’s wrongful act or neglect is two years.

A different rule can apply when the person who may sue is a minor or lacks legal capacity to make decisions. Under Code of Civil Procedure 352, if the person entitled to bring the action was under the age of majority or lacked the legal capacity to make decisions at the time the cause of action accrued, that time of disability is not counted toward the deadline, but this does not apply to an action against a public entity or public employee where a claim must first be presented under the Government Code. Families should have the start date checked early instead of assuming it.

Evidence is the other timing issue. That can delay records and testimony the family needs. The civil court can also manage its schedule around the criminal case.

Families can take steps during this period. A family’s lawyer can send requests to preserve vehicle data, photos, and records. Police reports and charging documents from the criminal file can also reveal useful facts about the crash.

Different Burdens of Proof and How a Conviction Can Be Used

Criminal cases and civil cases use different standards of proof, so one result does not decide the other.

The parties and goals differ, and the civil case has its own evidence.

Whether a criminal outcome helps the civil case depends on the charges, the evidence, and where each case stands in court. Families should not assume a not-guilty verdict ends their options.

Restitution and Early Steps That Protect a Family’s Claim

Early records matter most. Families should keep copies of the crash report, funeral and burial bills, medical bills, and pay records showing lost income. Save every letter, email, and call record from an insurer, too.

Photos, vehicle information, and witness names can disappear quickly. Write them down while they are still easy to find. A family’s lawyer can then decide how to use them in the civil case.

If a settlement is ever reached, taxes can matter. Families should understand that point before accepting any settlement. Families should also know how insurance adjusters work after a fatal crash before giving any statement. Our guide to insurance adjusters after a fatal crash covers that step.

Frequently Asked Questions

The civil claim and the criminal case are separate proceedings, though timing varies.

It is separate from the family’s civil claim.

Talk With Colvin Accident Lawyers About Your Family’s Situation

If the driver in your loved one’s crash now faces charges, you may be weighing whether to file a claim now or wait. That is a hard decision to make during a painful time. Donald Norman Colvin is the responsible lawyer for this page. Colvin Accident Lawyers is based in Bakersfield, California, and represents families in wrongful death matters. Our first consultation is free, confidential, and carries no obligation to continue. You can contact our office to talk through the crash, the charges, and your family’s timing questions.