A criminal prosecution is brought by the government to determine whether someone committed a crime and, if convicted, what punishment should follow. A wrongful death claim is a civil action seeking compensation for losses caused by a person or entity whose wrongful conduct resulted in another person’s death.
That means a family does not have to choose between criminal accountability and a civil wrongful death case. Both proceedings may arise from the same incident.
At The Law Office of Randall J. Wolfe, we represent Oregon families whose loved ones have died because of negligence or wrongful conduct. When criminal charges are also pending, the interaction between the two cases can affect evidence, timing, settlement discussions, and litigation strategy.
How Is a Wrongful Death Case Different From a Criminal Case?
The most important distinction is that the criminal case belongs to the state, while the wrongful death case is a private civil claim.
For example, after a fatal impaired-driving collision, prosecutors may bring criminal charges against the driver. Separately, the decedent’s personal representative may pursue a wrongful death claim seeking compensation under Oregon law.
The two proceedings have different objectives:
- Criminal proceedings are intended to determine criminal guilt and impose penalties such as incarceration, probation, or fines.
- Wrongful death proceedings are intended to establish civil liability and recover compensation for legally recognized losses resulting from the death.
One proceeding does not automatically replace or resolve the other.
Do I Have to Wait for the Criminal Case to End?
Not necessarily.
A wrongful death attorney may begin investigating and preserving the civil claim while a criminal case is still pending. In some circumstances, however, the criminal proceeding may influence the timing of discovery, depositions, or other parts of the civil case.
For example, a defendant facing criminal prosecution may invoke constitutional rights that affect whether they answer certain questions in a related civil lawsuit. A court may also consider whether portions of a civil case should be delayed while the criminal matter proceeds.
These issues do not usually mean that the family should simply wait and do nothing.
Important evidence can disappear over time. Surveillance footage may be erased, vehicles may be repaired or destroyed, physical evidence may change, and witnesses’ memories can fade. An attorney can begin collecting and preserving evidence even when the criminal case has not yet been resolved.
What Happens If the Defendant Is Convicted?
A criminal conviction can be significant, but it does not automatically determine every issue in a wrongful death lawsuit.
The civil case must still address the applicable elements of the wrongful death claim, the parties who may be legally responsible, and the damages available under Oregon law.
The facts developed during the criminal investigation may nevertheless become highly relevant. Depending on the circumstances, potentially useful evidence can include:
- Police reports
- Witness statements
- Crash reconstruction evidence
- Toxicology results
- Body-camera or dash-camera footage
- Surveillance recordings
- Cellphone records
- Expert analyses
- Statements made during criminal proceedings
A wrongful death lawyer can investigate what evidence is legally obtainable and how it may be used in the civil case.
What If the Defendant Is Acquitted or Criminal Charges Are Dropped?
A wrongful death claim may still be possible.
Criminal and civil cases use different standards of proof. Prosecutors must generally prove criminal guilt beyond a reasonable doubt. Civil claims ordinarily use the lower preponderance of the evidence standard, meaning the plaintiff must establish that a fact is more likely than not to be true.
Because the standards differ, the government may decide not to prosecute, dismiss charges, or fail to obtain a conviction while a civil wrongful death claim remains viable.
This distinction has played an important role in many well-known civil cases. The outcome of a criminal proceeding should therefore not be treated as the sole measure of whether a family has a valid wrongful death claim.
Who Files an Oregon Wrongful Death Claim?
Under Oregon’s wrongful death statute, a wrongful death action is generally brought by the personal representative of the deceased person’s estate for the benefit of the individuals entitled to recover under the statute.
This is different from some states where individual family members may directly file their own wrongful death lawsuits.
Because the proper plaintiff and beneficiaries can affect how the claim is handled, families should determine early who has been appointed—or needs to be appointed—as the estate’s personal representative.
What Compensation May Be Available?
Oregon law permits recovery of several categories of damages in a wrongful death case, depending on the circumstances.
Potential compensation may include losses associated with:
- Medical care related to the fatal injury
- Funeral and burial expenses
- Lost income and financial support
- Loss of services the deceased would have provided
- Loss of society, companionship, and support
- Other economic and noneconomic losses authorized under Oregon law
The value of a wrongful death claim depends heavily on the decedent’s age, income, occupation, relationships, life expectancy, expected future contributions, and the facts surrounding the death.
Can the Criminal Case Help Uncover Evidence for the Wrongful Death Claim?
It can.
A serious criminal investigation may generate evidence that would not otherwise exist, including forensic testing, reconstruction reports, interviews, search-warrant materials, electronic records, and expert analysis.
However, families should not assume that prosecutors or law enforcement are building a civil damages case on their behalf.
The government’s focus is criminal accountability. A civil attorney approaches the investigation differently, looking at questions such as:
- Who may be financially responsible for the death?
- What insurance coverage applies?
- Were other individuals or businesses also negligent?
- What economic losses has the family sustained?
- What evidence is necessary to establish future damages?
For example, a fatal crash involving a commercial driver might result in criminal charges against the driver while the civil investigation also examines whether an employer, vehicle owner, trucking company, maintenance contractor, or another party shares responsibility.
Does a Criminal Restitution Order Replace a Wrongful Death Claim?
Families should not assume that restitution in a criminal proceeding will provide the same recovery that may be available through a wrongful death action.
Restitution and civil damages operate under different rules. A wrongful death claim may address categories of loss that are not fully accounted for through the criminal process.
An attorney can examine any restitution issues alongside the civil claim to determine how one proceeding may affect recovery in the other.
How Long Do I Have to File a Wrongful Death Claim in Oregon?
Criminal charges do not necessarily stop the civil filing deadline.
Under ORS 30.020, an Oregon wrongful death action generally must be commenced within three years after the injury causing the death is discovered or reasonably should have been discovered, subject to additional statutory limitations and exceptions.
This is one reason families should speak with a wrongful death attorney even if prosecutors have told them that the criminal case could take months or years.
Waiting for a criminal trial to conclude could jeopardize the civil case if an applicable deadline expires in the meantime.
Should I Speak With the Prosecutor Before Filing a Wrongful Death Lawsuit?
Families of victims often communicate with prosecutors through the criminal justice process, and that relationship can be important. However, the prosecutor does not represent the family in a civil wrongful death claim.
A wrongful death lawyer represents the interests of the estate and beneficiaries in pursuing civil accountability and compensation.
When both cases are active, coordination can sometimes help avoid unnecessary conflicts involving evidence, witnesses, depositions, or investigative materials.
What If More Than One Party Is Responsible for the Death?
The person facing criminal charges may not be the only party with civil liability.
Consider a fatal collision caused by an intoxicated employee who was driving for work. The driver may face criminal prosecution, while the civil investigation could raise additional questions about an employer’s conduct, vehicle ownership, negligent entrustment, insurance coverage, or other contributing factors.
Similarly, deaths involving unsafe property, defective products, commercial vehicles, or negligent businesses may involve defendants who are never criminally charged at all.
A comprehensive wrongful death investigation should therefore look beyond the criminal defendant and determine whether other people, companies, insurers, or organizations may share responsibility.
Protecting Your Family’s Rights While Criminal Charges Are Pending
When criminal charges follow a loved one’s death, families are often dealing with two systems at once. Prosecutors may be discussing hearings and criminal evidence while insurers are already investigating the civil claim.
Those processes can move at very different speeds.
You do not need to wait for the criminal justice system to determine whether you have civil rights. Early legal representation can help preserve evidence, identify insurance coverage, calculate damages, monitor filing deadlines, and determine how developments in the criminal case affect the wrongful death claim.
Speak With a Lake Oswego Wrongful Death Attorney
The Law Office of Randall J. Wolfe represents individuals and families throughout Oregon in serious personal injury and wrongful death matters. The firm’s attorneys have decades of experience handling complex claims and pursuing compensation from negligent individuals, businesses, and insurers.
If your loved one died because of someone else’s actions and the responsible party is also facing criminal charges, the criminal prosecution does not necessarily prevent you from pursuing compensation.
Contact The Law Office of Randall J. Wolfe’s Lake Oswego wrongful death attorneys or call (503) 598-3500 to discuss your legal options.
This article is provided for general informational purposes only and does not constitute legal advice. Wrongful death claims are fact-specific, and filing deadlines and other legal requirements can vary depending on the circumstances.