When a loved one dies due to someone else’s actions, families often hear that the at-fault party may face criminal charges or could be sued for wrongful death. These are two very different legal paths. In New Jersey, wrongful death cases can involve both criminal and civil responsibility, but each system serves a separate purpose and follows its own rules. Understanding the difference helps families make informed decisions during an emotionally difficult time.
Criminal Responsibility: When the State Brings Charges
A wrongful death may lead to criminal prosecution if the death resulted from conduct that violates New Jersey’s criminal laws. Examples include:
- Drunk or reckless driving
- Assault or intentional violence
- Drug-impaired driving
- Homicide or manslaughter
- Death caused during another criminal act
In criminal cases, the State of New Jersey, not the family, files charges. The goal is to punish the wrongdoer and protect the public. Penalties may include jail time, fines, probation, and a permanent criminal record.
Higher Burden of Proof
To convict someone, prosecutors must prove guilt beyond a reasonable doubt, the highest legal standard. Even strong evidence may fall short of this threshold, meaning a defendant can be found not guilty criminally despite clear wrongdoing.
The Family’s Role in Criminal Cases
Families may provide victim impact statements, but they do not control the prosecution or the outcome. A criminal conviction does not provide compensation to the family, though restitution may sometimes be ordered.
Civil Responsibility: Pursuing a Wrongful Death Lawsuit
A civil wrongful death case is separate from any criminal case. Here, the family (through the estate’s personal representative) sues the party responsible for causing the death. The goal is not punishment but financial compensation for the harm suffered.
Civil wrongful death claims in New Jersey can arise from:
- Car accidents
- Medical negligence
- Unsafe property conditions
- Defective products
- Workplace accidents
- Nursing home neglect
Lower Burden of Proof
In civil cases, the family must prove liability by a preponderance of the evidence — meaning the defendant is more likely than not responsible. This is far easier to meet than the criminal standard, which is why civil cases often succeed even when criminal charges fail.
Types of Compensation Available
Families may recover damages for:
- Funeral and burial costs
- Loss of financial support
- Loss of services and companionship
- Medical bills before death
- Lost income the deceased would have provided
A separate survivorship action may also compensate for the pain and suffering the deceased experienced prior to death.
Can Both Cases Happen at the Same Time?
Yes. A wrongful death can lead to both:
- Criminal prosecution (handled by the state), and
- Civil litigation (filed by the family)
These cases move independently, meaning one can continue even if the other ends or does not result in charges. A criminal conviction can strengthen a civil case, but it is not required.
Why Families Should Not Wait
While criminal cases follow their own timeline, civil wrongful death claims are restricted by New Jersey’s two-year statute of limitations. Waiting for the criminal process to finish can risk losing the right to sue. An attorney can manage both tracks simultaneously.
Final Thoughts
Criminal responsibility focuses on punishment, while civil responsibility focuses on compensation. Both can play a role in New Jersey wrongful death cases. By understanding the difference and seeking timely legal guidance, families can protect their rights, pursue justice, and secure the financial support needed to rebuild their lives.