Criminal Conviction and Wrongful Death Claims in California

The Short Answer: A Conviction Is Not Required, and It Can Help

Does a criminal conviction help a wrongful death claim California families bring? Not as a requirement. A California wrongful death claim does not require a criminal conviction. A conviction can help as evidence, but the civil case is decided on its own record. Under Code Civ. Proc. § 377.60, a listed group of family members may bring a claim when a death is “caused by the wrongful act or neglect of another.” That statute’s text does not mention a criminal conviction.

The listed group includes a surviving spouse, domestic partner, and children. A wrongful death case is a civil lawsuit, filed to recover losses. It is separate from any prosecution. California Courts Self-Help Guide. Our wrongful death lawyer page covers who may file and what can be recovered.

Many families ask this question while a criminal case is still open and while they are dealing with the loss itself. Knowing how the two cases fit together can help you decide what to do next. Each case depends on its own facts.

Criminal Case vs. Wrongful Death Claim: Different Standards and Goals

A criminal case and a wrongful death claim are separate cases with different goals. A prosecutor brings the charges, and the goal is punishment, such as jail, prison, or probation.

A wrongful death claim may be brought only by the persons listed in the statute, such as the decedent’s surviving spouse, domestic partner, children, and certain dependent relatives, or by the decedent’s personal representative on their behalf. Senate Judiciary analysis Its goal is compensation. Losses can include burial costs and lost earnings, which Civ. Code § 1431.2 lists as economic damages.

The standards differ, so the outcomes can differ. Civil Jury Instructions (CACI) A defendant can be found not guilty in criminal court and still be found liable in a civil case. The reverse can also happen. Families often expect the criminal case to answer every question. It answers only the question the prosecutor chose to bring. Each case has its own court, schedule, and record.

How a Criminal Conviction Can Help in a California Civil Case

A conviction can help a civil case as evidence, but it does not replace the civil proof. It can show that a court found certain facts. The civil case still needs police reports, witness statements, medical records, and other proof of fault and losses.

One special path ties to felonies. Under Civ. Code § 3294, damages may be recovered in a wrongful death action based on a homicide for which the defendant was convicted of a felony. This is a punitive damages rule, not a requirement for every claim. In a non-contract action, punitive damages require proof by clear and convincing evidence of oppression, fraud, or malice. Cal. Civ. Code § 3294 reads: “(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice.” Civ. Code § 3294

DUI and traffic deaths raise a different question. Under Evid. Code § 669, the failure to use due care is presumed when a person violated a statute, ordinance, or regulation of a public entity, the violation caused the death, the death resulted from an occurrence of the nature the statute was designed to prevent, and the decedent was one of the class of persons the statute was meant to protect. The presumption can be rebutted with proof the person did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law. That is why the driver’s conduct before the crash matters so much.

When There Is No Conviction: Acquittal, Dismissal, or No Charges

A civil claim can still be filed when there is no conviction. The text of Code Civ. Proc. § 377.60 does not depend on charges or a verdict. A family may still pursue a claim if no one was ever charged with a crime.

It does not settle, in a civil case, whether the defendant was at fault. Different standards mean different results are possible. The absence of a conviction is not the same as a finding of no fault.

California generally gives two years to file this kind of claim under Code Civ. Proc. § 335.1. Families should not assume the deadline waits for a criminal case to finish. Keep the dates of any charging decisions, dismissals, or verdicts in your records.

A common mistake is treating no charges as no claim. The civil claim is judged on its own evidence, so the timing deserves a close look early.

Criminal Restitution vs. Civil Wrongful Death Damages

Restitution and civil damages are separate, and they are measured differently. A criminal court’s order does not replace a civil damages claim. Keep the two apart in your records so you can tell them apart later.

Civil damages follow their own rules. Code Civ. Proc. § 377.61 says damages “may be awarded that, under all the circumstances of the case, may be just,” but they may not include damages recoverable under § 377.34. That section limits a decedent’s own claim to losses sustained before death. It excludes pain, suffering, and disfigurement, subject to the exceptions in its subdivision (b).

Non-economic losses are different again. Civ. Code § 1431.2 defines them to include pain, suffering, emotional distress, and loss of society and companionship. Under California Civil Code § 1431.2, in an action for personal injury, property damage, or wrongful death based upon principles of comparative fault, a defendant’s liability for non-economic damages, such as pain and suffering, is several only and is limited to that defendant’s percentage of fault; this rule covers only non-economic damages, not economic damages such as medical expenses and loss of earnings. Economic losses such as burial costs and lost earnings are objectively verifiable amounts, so receipts and pay records matter.

Protecting the Family’s Position While a Criminal Case Is Pending

Families should keep statements short and factual while a criminal case is pending. Insurers may contact the family while the case is still open. Answer only what you know firsthand. Don’t guess about speed, fault, or what the person was doing before the crash.

Fault matters in civil cases. Any question about shared fault should be reviewed early.

Keep copies of charging papers, court dates, restitution notices, claim numbers, and every letter from an insurer. Keep a simple log of who called and when. These records help you follow the case as it moves.

Talk With Colvin Accident Lawyers About Your Family’s Situation

If a family member has died and a criminal case is moving through court, you may be facing questions you never expected to answer. Insurers may be calling, and the decisions can feel urgent. You don’t have to sort out the civil side alone.

Quick Answers

Reach out to Colvin Accident Lawyers in Bakersfield through our contact page. We offer a free, confidential initial consultation, with no obligation to continue, and we can talk through the facts of your family’s situation.

Colvin Accident Lawyers, Bakersfield, California. Donald Norman Colvin is responsible for this site.