When a loved one is killed because of someone else’s actions, two different legal paths may follow. One is a criminal case for homicide. The other is a civil claim for wrongful death. Although both may involve the same event, they serve different purposes and follow different rules. Criminal charges are handled by the state to punish the offender. Civil claims are filed by the victim’s family to recover financial compensation. In Michigan, families can often bring a wrongful death lawsuit even if the responsible person is never charged or convicted. Understanding how these two systems work is an important step toward seeking justice.
Key Differences Between Criminal and Civil Cases After a Death
Quick Answer: Criminal charges are filed by the state to punish the offender. Civil wrongful death lawsuits are filed by the family to recover compensation. These are separate legal processes and can move forward independently of each other.
Although both types of cases may result from the same fatal incident, they are handled in different courts and follow different rules. One focuses on guilt and punishment. The other focuses on accountability and financial recovery.
Understanding how these two legal systems differ is important if you are considering taking legal action after a fatal incident. Criminal homicide and civil wrongful death cases can look similar on the surface, but they are handled by different courts, require different proof, and lead to very different outcomes. The table below outlines the most important differences between the two.
| ⚖️ Legal Element | Criminal Homicide | Civil Wrongful Death |
|---|---|---|
| Who Files the Case | Prosecutor or state attorney | Personal representative of the estate |
| Main Goal | Punishment and protection of the public | Compensation for surviving family members |
| Burden of Proof | Beyond a reasonable doubt | Preponderance of the evidence |
| Possible Outcome | Jail, prison, or criminal fines | Financial judgment or out-of-court settlement |
| Court System | Criminal court | Civil court |
| Dependence on Each Other | Completely separate legal actions | Can proceed regardless of criminal outcome |
Legal Note: The civil case does not depend on the outcome of the criminal case. A person can be held financially responsible even if they are found not guilty in criminal court.
Can You File a Wrongful Death Lawsuit Without a Criminal Conviction?
Quick Answer: Yes. You can file a wrongful death lawsuit even if the person responsible is not arrested, charged, or convicted. Civil claims follow a different process and have a lower burden of proof.
Many families assume they cannot sue if prosecutors decline to press charges or if a defendant is found not guilty in criminal court. That is not true. The civil court system gives surviving families the right to pursue compensation through a wrongful death lawsuit, even when the criminal system does not result in a conviction.
Civil claims are based on negligence, recklessness, or intentional harm. You do not need a criminal case to prove any of those things. In fact, the law allows a civil claim to move forward even when the state decides not to pursue a case at all.
The table below shows common outcomes in the criminal justice system and whether you can still pursue a civil wrongful death claim in each situation. In nearly every case, the answer is yes. Civil courts give families an opportunity to hold someone accountable even when the criminal courts do not.
| 📝 Situation | ✅ Can You File a Civil Claim? |
|---|---|
| The defendant is convicted of a crime | Yes |
| The defendant is found not guilty | Yes |
| No charges are ever filed | Yes |
| The prosecutor drops the case | Yes |
| The suspect is never identified | Possibly, depending on the facts |
Example: A person found not guilty of manslaughter in criminal court may still be found liable for wrongful death in civil court, based on the same set of facts.
When Do Homicide and Wrongful Death Overlap in Michigan?
Quick Answer: Homicide and wrongful death often overlap when a person is killed due to reckless, violent, or criminal behavior. The same act can lead to both a criminal prosecution and a civil lawsuit.
In many fatal incidents, the state may file criminal charges while the family files a separate civil lawsuit. These cases can proceed at the same time or one after the other. The outcome of one case does not control the outcome of the other.
Common situations where both criminal and civil claims may arise include:
- Drunk driving crashes that result in a fatality
- Assaults or shootings that cause death
- Domestic violence that escalates to a homicide
- Child abuse or neglect that leads to a fatal injury
- Negligent use of a firearm or hunting accident
- Deadly altercations at bars, events, or on private property
In each of these cases, the prosecutor may bring charges such as manslaughter or second-degree murder. At the same time, the surviving family may choose to bring a wrongful death lawsuit to seek compensation for their loss. Families do not have to wait for the criminal case to finish. They can start a civil lawsuit while a criminal investigation or prosecution is still ongoing.
Why Families Pursue Civil Wrongful Death Claims Even When Criminal Charges Are Filed
Quick Answer: A civil lawsuit gives the family more control, a lower burden of proof, and a path to financial recovery. It can also provide a sense of justice when the criminal system falls short.
Even when a prosecutor brings criminal charges, families often choose to file a separate wrongful death lawsuit. The criminal system is designed to protect society and punish wrongdoers, but it does not compensate the victim’s loved ones. A civil case allows the family to seek justice on their own terms.
Here are some of the most common reasons families pursue civil claims:
- To recover financial losses such as lost income, funeral expenses, and medical bills
- To hold the responsible party accountable even if they are acquitted or never charged
- To gain access to evidence through civil discovery that may not be used in a criminal case
- To seek answers and closure when criminal trials are delayed or inconclusive
- To bring a case on their timeline, rather than wait for prosecutors or the court system
Even if a criminal conviction results in prison time, the family may still be left with significant financial and emotional burdens. A civil lawsuit can help fill that gap.
Who Can File a Wrongful Death Lawsuit in Michigan?
Quick Answer: In Michigan, the wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This individual brings the claim on behalf of eligible surviving family members.
Michigan law outlines a specific process for filing a wrongful death case. The court must appoint a personal representative to act on behalf of the estate. This person is often a spouse, parent, or close relative, but it can also be someone named in a will or formally appointed by the probate court.
Once appointed, the personal representative can file a lawsuit and distribute any recovered damages to the appropriate beneficiaries.
Eligible Beneficiaries May Include:
- Spouse of the deceased
- Children and stepchildren
- Parents of the deceased
- Grandparents
- Brothers and sisters
- Anyone who may inherit under Michigan’s intestacy laws
The personal representative must notify these individuals once a wrongful death claim is filed. If a settlement is reached, the court must approve how the money will be divided.
Clark Insight: Civil Justice Can Succeed Where Criminal Courts Fall Short
When a criminal case fails to bring justice, families often feel powerless. But the civil court system provides another path. A wrongful death lawsuit gives you the ability to uncover the truth, hold the responsible party accountable, and recover the financial support your family deserves.
At The Clark Law Office, we have helped families throughout Michigan navigate these difficult cases. Even when prosecutors decline to file charges or a defendant walks free, we are prepared to build a strong civil case and fight for answers. Justice is not limited to the criminal courtroom and you do not have to wait to
Criminal Charges vs. Wrongful Death Lawsuits in Michigan
Can you sue someone for wrongful death if they were never charged with a crime?
Yes. You can file a civil lawsuit even if prosecutors decide not to pursue criminal charges. The two systems operate independently.
Is a wrongful death lawsuit the same as a murder charge?
No. Murder is a criminal charge filed by the state. Wrongful death is a civil claim filed by the family for compensation.
Can the same act lead to both a criminal and civil case?
Yes. Many fatal incidents result in both criminal charges and a wrongful death lawsuit. Each case is handled separately.
What is the burden of proof in a wrongful death lawsuit?
Lower than criminal court. In civil court, you only need to show that it is more likely than not that the defendant was responsible.
Do I have to wait for the criminal case to finish before filing a civil claim?
No. You can file a wrongful death lawsuit at any time, even while a criminal case is ongoing.