June 11, 2026
When someone dies because of another person’s actions, two separate legal systems may respond. A criminal case and a civil wrongful death claim can both arise from the same incident, but they are fundamentally different proceedings that serve different purposes and produce different outcomes for the people involved.
What a Criminal Case Is Designed to Do
A criminal case is brought by the government, not by the victim’s family. When a death occurs due to criminal conduct, the state attorney’s office decides whether to file charges, what charges to pursue, and how to handle the case from start to finish. The victim’s family may be asked to cooperate as witnesses, but they are not parties to the case and have no control over its direction. The purpose of a criminal prosecution is to hold the defendant accountable to the state. If convicted, the defendant may face imprisonment, probation, fines, or other criminal penalties. The family receives no financial compensation as a result of a criminal conviction.
The burden of proof in a criminal case is beyond a reasonable doubt, which is the highest standard in the legal system. Even when the evidence strongly suggests that a defendant caused a death, that standard can be difficult to meet. Cases that result in acquittal or charges that are never filed still leave the family with civil legal options.
How the Two Cases Relate to Each Other
A criminal conviction is not required before a civil wrongful death claim can be filed. The two proceedings are independent of each other. A defendant who is acquitted of criminal charges can still be held liable in a civil wrongful death case because the burden of proof in a civil case is significantly lower. The civil standard requires only that the evidence shows it is more likely than not that the defendant’s conduct caused the death. The O.J. Simpson cases are the most widely known example of this dynamic, but it plays out regularly in Florida courts.
What a Florida Wrongful Death Claim Offers Instead
A civil wrongful death claim is filed by the personal representative of the deceased person’s estate on behalf of surviving family members. Vero Beach wrongful death lawyer cases give surviving family members the ability to pursue financial compensation for the losses they have suffered as a result of the death. Those losses can include:
- Medical expenses incurred before the death
- Funeral and burial costs
- Lost financial support the deceased would have provided
- Loss of companionship, guidance, and services
- Mental pain and suffering experienced by surviving family members
The family has meaningful standing in a civil case. Their attorney represents their interests specifically, and decisions about whether to settle, how much to accept, and whether to proceed to trial are made with the family’s input and priorities in mind.
Why Families Pursue Both Simultaneously
Filing a civil wrongful death claim does not prevent a criminal prosecution from proceeding, and waiting for the outcome of a criminal case is not required before a civil claim is filed. Many families pursue both at the same time. Evidence gathered during a criminal investigation, including police reports, witness statements, and forensic findings, can be valuable in the civil case. A criminal conviction, while not required, significantly strengthens the civil claim because it establishes that the defendant’s conduct met the criminal standard.
Tuttle Larsen, P.A. is a Vero Beach personal injury and wrongful death firm serving families throughout Indian River County and the surrounding Treasure Coast region of Florida. The firm represents surviving family members in civil wrongful death proceedings and understands how those cases interact with parallel criminal proceedings when both are underway.
Moving Forward With a Florida Wrongful Death Claim
If you have lost a family member due to another person’s negligence or misconduct in the Vero Beach area, speaking with a Vero Beach wrongful death lawyer gives you a clear picture of what a civil claim can accomplish, what the process involves, and what your family’s legal options are regardless of what happens in any parallel criminal proceedings.
