When a loved one dies due to someone else’s actions, families often wonder about their legal options and the difference between criminal and civil proceedings. A criminal case is brought by state or federal prosecutors to enforce criminal laws, while a wrongful death lawsuit seeks financial punishment from the at-fault party for the death of a loved one. These cases serve different purposes and can proceed simultaneously, making it important for families to understand their distinct roles in seeking both justice and punishment.
Navigating Two Different Legal Systems
The sudden loss of a family member is devastating enough without having to navigate complex legal proceedings. When that loss results from someone else’s wrongful conduct, families in Mobile and across Alabama often find themselves confronting two distinct legal processes: criminal cases and wrongful death lawsuits. While these proceedings may seem similar on the surface, they serve fundamentally different purposes and operate under different rules.
At Tobias & Comer Law, we understand the difficulties families face during these challenging times. With over 70 years of combined experience helping people throughout Mobile, Baldwin County, and the Alabama Gulf Coast, we’ve guided countless families through wrongful death lawsuits with or without criminal prosecutions. We believe in providing clear, compassionate guidance to help families understand their options and make informed decisions about their legal rights.
The Fundamental Difference: Purpose and Goals
The most significant distinction between criminal cases and wrongful death lawsuits lies in their primary objectives. Criminal cases are brought by the State of Alabama or the US Attorneys’ Office through prosecutors to enforce criminal laws by convicting the wrongdoers of crimes and sending them to prison.
Wrongful death lawsuits, on the other hand, are civil actions brought against the person or corporation who caused the death by the estate of the person who died. Alabama law is different from many other states’ laws which are designed to compensate the decedent’s family for the death. By contrast, in Alabama, all life is considered precious, and the only damages recoverable in a wrongful death action are punitive damages, which are designed to punish the wrongdoer and to deter that person or entity, or others like that person or entity, from committing the same wrongful act in the future. Thus, in Alabama, civil actions for wrongful death, much like their criminal counterpart, serve to protect the public and make our community safer.
Who Controls Each Type of Case
In criminal proceedings, the prosecutor has complete control over whether to file charges, what charges to file, and how to proceed with the case. Family members cannot force prosecutors to bring criminal charges, nor can they prevent prosecutors from dropping charges if they choose to do so. While families may provide input and testimony, the ultimate decisions rest with the state or federal prosecutors.
Wrongful death lawsuits give families much greater control over their legal proceedings. The personal representative of the estate, which is typically a surviving spouse, adult child, or parents of the deceased person can choose whether to file a lawsuit, which defendants to name, and how to proceed with their case, with guidance and input from the estate’s attorneys. Families can also decide whether to accept settlement offers or proceed to trial. This control allows families to pursue justice on their own terms and timeline.
Civil and Criminal Cases Have Different Standards of Proof
Criminal cases require proof of guilt “beyond a reasonable doubt,” which is the highest standard of proof in our legal system. This means prosecutors must present evidence that leaves jurors firmly convinced of the defendant’s guilt, with no reasonable alternative explanation for the evidence presented. This high standard protects individuals from wrongful criminal conviction but can make it challenging to secure convictions in some cases.
Wrongful death lawsuits operate under the lower “preponderance of the evidence” standard, also known as “more likely than not.” This means families must show that it’s more probable than not that the defendant’s actions caused their loved one’s death. This lower standard makes it possible for families to succeed in civil court even when criminal charges cannot be proven beyond a reasonable doubt.
Types of Outcomes and Punishment
Criminal convictions result in punishment imposed by the court, such as jail time, probation, or criminal fines paid to the state. While some states allow for restitution payments to victims’ families, these are typically limited to direct expenses like medical bills and funeral costs. Criminal cases do not provide direct financial recovery to the family.
Alabama’s wrongful death law takes a unique approach by focusing on punitive damages rather than compensatory damages. These punitive damages serve to punish the wrongdoer and deter similar conduct in the future. The amount of punitive damages awarded depends on factors such as the severity of the wrongdoing, the defendant’s financial condition, and the need to deter similar conduct. Recent cases handled by Tobias & Comer Law have resulted in significant recoveries, including a $5 million wrongful death settlement that provided both punishment for the wrongdoer and financial security for the family.
Can Both Proceed Simultaneously
Families often ask whether they can pursue both criminal justice and a wrongful death lawsuit. The answer is yes – these proceedings can and often do occur simultaneously. In fact, evidence gathered during the criminal investigation may prove valuable in the civil case and vice versa. However, there can be strategic considerations about timing, particularly if criminal proceedings are ongoing.
Real-World Examples of Both Cases
Consider a case where someone dies in a drunk driving accident. The intoxicated driver might face criminal charges for vehicular manslaughter, which could result in prison time and criminal penalties. Simultaneously, the victim’s family could file a wrongful death lawsuit seeking punitive damages to punish the drunk driver and deter others from driving while intoxicated. Even if the criminal case results in an acquittal due to insufficient evidence beyond a reasonable doubt, the family might still succeed in their civil case under the lower standard of proof.
Industrial accidents provide another example of how these cases can differ in their approach to punishment. If a worker dies due to safety violations at a construction site, the company might face criminal charges from occupational safety agencies. The family could also pursue a wrongful death lawsuit against multiple parties, including the employer, equipment manufacturers, or property owners. The criminal case would focus on imprisonment and criminal fines, while the civil case would seek punitive damages to punish the wrongdoing and prevent future safety violations.
The Importance of Experienced Legal Guidance
Navigating both criminal and civil proceedings requires understanding complex legal procedures, evidence rules, and strategic considerations. Families dealing with wrongful death cases need attorneys who understand Alabama’s unique punitive damages approach, how to gather and present evidence effectively, work with expert witnesses, and negotiate with insurance companies and opposing counsel.
At Tobias & Comer Law, our attorneys have handled wrongful death cases involving industrial accidents, vehicle crashes, medical malpractice, and product defects throughout Mobile and the Alabama Gulf Coast. We understand the unique challenges families face when dealing with both criminal and civil proceedings, and we provide the personal attention and compassionate support families need during these difficult times.
Our experience includes working with families whose cases involved parallel criminal proceedings, coordinating with prosecutors when appropriate, and ensuring that criminal cases don’t interfere with our clients’ civil rights. We’ve secured significant punitive damage awards for families in wrongful death cases, providing both accountability for wrongdoers and financial support for families during their most challenging times.
Moving Forward After Loss
Losing a loved one due to someone else’s actions creates both immediate and long-term challenges for families. While criminal cases may provide a sense of justice through imprisonment and criminal penalties, they don’t provide direct financial recovery to the family. Alabama’s wrongful death law serves a similar purpose to criminal law by punishing wrongdoers through punitive damages, while also providing financial resources that families can use to address their needs and rebuild their lives.
The decision to pursue a wrongful death lawsuit is deeply personal and should be made with full understanding of Alabama’s punitive damages approach, the legal process, potential outcomes, and family circumstances. Some families choose to wait until criminal proceedings conclude, while others prefer to move forward immediately. There’s no single right answer, but having experienced legal counsel can help families make informed decisions based on their specific situation.
Families throughout Mobile, Daphne, Spanish Fort, Fairhope, and the broader Alabama Gulf Coast region should know that they don’t have to navigate these complex legal issues alone. Understanding the differences between criminal and civil cases, and Alabama’s unique approach to wrongful death damages, is crucial for protecting their rights and holding wrongdoers accountable.
Take the Next Step with Tobias & Comer Law
If your family has lost a loved one due to someone else’s actions, understanding your legal options is crucial for making informed decisions about your future. At Tobias & Comer Law, we provide free consultations to help families understand both criminal and civil proceedings and how they might affect their situation.
Our commitment to “Real People Helping Real People” means we work each case personally from start to finish, providing the individual attention and compassionate support families deserve. We handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we successfully recover punitive damages for your family.
To learn more about your family’s legal rights and options, contact Tobias & Comer Law for a confidential, no-obligation consultation at (251) 432-5001 or email us at info@tobiascomerlaw.com. Our office is located at 1203 Dauphin Street in Mobile, and we’re available to meet with families throughout Mobile County, Baldwin County, and the surrounding areas. Don’t wait to protect your family’s rights – the time limits for filing wrongful death lawsuits make prompt action essential.