Are a Criminal Case and a Wrongful Death Case the Same Thing?

Two Separate Systems, Two Separate Purposes

A criminal case exists to determine whether someone violated the law and, if so, to punish them, prison, fines, probation. A wrongful death claim under A.R.S. § 12-611 exists to compensate the surviving family for their financial and personal losses. They run on separate tracks with separate rules.

It helps to think of these as answering two entirely different questions. The criminal case asks: did this person commit a crime, and what punishment does the state impose? The civil case asks: what did this family actually lose, and how do we make that loss right financially?

Different Burdens of Proof

Criminal cases require proof beyond a reasonable doubt, a very high bar. Civil wrongful death claims require only a preponderance of the evidence, meaning it is more likely than not that the defendant’s negligence or wrongful act caused the death. This is why a civil claim can succeed even after a criminal acquittal, or after no charges are ever filed.

This difference in standards explains outcomes that otherwise seem contradictory to people unfamiliar with the legal system, a defendant found not guilty criminally can still be found civilly responsible, because the two cases are answering different questions under entirely different evidentiary standards.

You Don’t Control the Criminal Case

The decision to prosecute, and how, belongs to the state, not the victim’s family. A wrongful death claim, by contrast, is brought and controlled by the statutory beneficiaries identified under A.R.S. § 12-612, giving the family a direct path to accountability even if prosecutors decline to pursue charges.

This distinction matters enormously to families who feel powerless watching a criminal case proceed, or not proceed, in ways they cannot influence. The civil claim restores a real measure of agency, the family decides whether to pursue it, how to pursue it, and what a fair resolution looks like.

Timing Considerations

A pending criminal case does not prevent filing a wrongful death claim, though the two cases can sometimes interact, for example, evidence developed in a criminal investigation can support the civil case. An attorney can advise on the best sequencing for your specific situation.

In some situations, waiting for certain criminal proceedings to develop can actually strengthen the civil case by providing additional evidence, while in others, moving forward with the civil claim promptly protects the family’s interests and the statute of limitations. This is a strategic decision worth making with an attorney, not on a fixed timeline.

How Evidence Moves Between the Two Cases

Police reports, forensic evidence, and witness statements gathered during a criminal investigation can often be used to support a wrongful death claim, meaning the civil case does not have to start its investigation from zero if a criminal case is also underway.

What the Family Should Expect Emotionally and Practically

Pursuing both a criminal case’s aftermath and a civil claim while grieving is genuinely difficult. Understanding upfront that these are separate processes, with separate timelines and separate people to communicate with (a prosecutor for one, your own attorney for the other), can make the whole experience feel less chaotic and more manageable.

Steps for Families Considering a Wrongful Death Claim

1. Consult a wrongful death attorney early, regardless of what is happening with any criminal case.
2. Request copies of the police report once available.
3. Confirm who has statutory standing to file under A.R.S. § 12-612.
4. Understand the two-year deadline that applies regardless of the criminal case’s timeline.
5. Ask your attorney how the two cases may interact in your specific situation.