Can You File a Wrongful Death Claim While Criminal Charges Are Pending?

Losing someone you love is devastating. When another person’s actions may have caused that death, the situation can become even more overwhelming, especially if police are investigating or criminal charges have already been filed. Families are often left dealing with grief, unexpected expenses, and uncertainty about what happens next.

One common question is whether a family must wait for the criminal justice system to finish its work before pursuing a wrongful death lawsuit. Criminal cases can take months or even years to resolve, and waiting that long may put important legal rights at risk.

The answer is yes. Arizona law allows eligible family members to pursue a wrongful death claim even while criminal charges are pending. The civil lawsuit and criminal prosecution are separate legal proceedings, and a criminal conviction is not required to pursue compensation.

Understanding how these two processes work can help families make informed decisions, protect valuable evidence, and avoid missing important filing deadlines.

Can You File a Wrongful Death Lawsuit Before the Criminal Trial Is Over?

Yes. Under Arizona Revised Statutes § 12-611, a wrongful death claim may arise when someone dies because of another person’s wrongful act, neglect, or default. The statute specifically recognizes civil liability even when the circumstances of the death amount to murder or manslaughter.

This means a family may pursue a wrongful death lawsuit while a defendant is awaiting trial for manslaughter, homicide, or another criminal offense arising from the death. The family does not need to establish criminal guilt before seeking compensation through the civil court system.

The important distinction is that criminal cases and wrongful death lawsuits serve different purposes. Criminal prosecutions seek to establish guilt and impose punishment, while civil wrongful death lawsuits seek compensation for eligible surviving family members. Although both proceedings may involve the same incident, they operate under different rules and standards of proof.

How Are Criminal Charges Different From a Wrongful Death Claim?

Although the criminal and civil cases may involve the same evidence, witnesses, and circumstances, their legal objectives are different. Understanding these differences is important because the outcome of one proceeding does not necessarily determine the outcome of the other.

A Criminal Case Determines Guilt

In a criminal prosecution, the government brings charges against the accused. Prosecutors must prove guilt beyond a reasonable doubt, which is a higher burden of proof than the standard generally used in civil lawsuits. If convicted, the defendant may face imprisonment, probation, fines, restitution, or other criminal penalties.

Surviving family members may participate as victims or witnesses, but they do not control whether criminal charges are filed or how the prosecution proceeds. Those decisions generally belong to the prosecuting authorities.

A Civil Wrongful Death Case Seeks Compensation

A wrongful death lawsuit is brought by an eligible person or representative seeking financial compensation for losses caused by the death. These losses may include lost financial support, emotional suffering, loss of companionship, and certain expenses associated with the death.

In most civil wrongful death cases, liability must be established by a preponderance of the evidence. This generally means demonstrating that the defendant is more likely than not legally responsible for causing the death.

Because the burden of proof is different, a family may succeed in a wrongful death lawsuit even if the defendant is acquitted in criminal court. However, a civil claim still requires sufficient evidence to establish legal liability and recoverable damages.

Should You Wait for Criminal Charges to Be Resolved?

Not necessarily. There can be advantages to allowing a criminal investigation to develop because prosecutors and law enforcement may uncover valuable evidence, including witness statements, surveillance footage, forensic findings, and expert testimony. A criminal conviction may also establish facts that are useful in a related civil case.

Under A.R.S. § 13-807, a convicted defendant generally cannot deny the essential allegations of the criminal offense in a subsequent qualifying civil proceeding brought by the victim. This can strengthen certain aspects of a wrongful death lawsuit, depending on the conviction and the circumstances.

However, waiting for the criminal case to conclude can create significant risks. Witnesses may become harder to locate, physical evidence can disappear, and insurance companies may begin investigating long before the family has legal representation. Most importantly, the applicable civil filing deadline may continue to run while the criminal proceedings are pending.

There can also be complications when both cases move forward simultaneously. A defendant facing criminal charges may invoke the Fifth Amendment when asked potentially incriminating questions during civil discovery. In some circumstances, a judge may temporarily pause part or all of the civil proceedings, but such a delay is not automatic.

For these reasons, families should consider speaking with an attorney early rather than assuming they must wait for a criminal verdict. An attorney can evaluate the potential civil claim, preserve important evidence, and develop a strategy that accounts for the criminal proceedings.

How Long Do You Have to File a Wrongful Death Claim in Arizona?

Arizona generally provides two years from the date of death to file a wrongful death lawsuit under A.R.S. § 12-542. This deadline is especially important when criminal charges are pending because a lengthy prosecution does not automatically extend every related civil claim.

Although Arizona recognizes certain exceptions, families should not assume that an investigation, arrest, or pending criminal trial protects their right to file a lawsuit. Different defendants and different legal claims can be subject to different filing requirements.

Special Deadline Rules When Criminal Charges Are Filed

Under A.R.S. § 12-511, qualifying victims may have until one year after the final disposition of certain criminal proceedings to bring particular civil claims against an individual charged by criminal complaint or indictment. The statute includes certain serious offenses, such as manslaughter and murder, and the extension may apply even when the defendant is not ultimately convicted.

However, this provision has important limitations. It does not extend the filing deadline for every potential defendant, and it specifically excludes claims against the charged person’s employer or former employer from the extension. The statute also limits an insurer’s duty to defend or indemnify certain claims filed after the ordinary limitation period in reliance on the extension.

These distinctions can become especially important when a fatal accident involves a commercial vehicle, business employee, or another party with potentially applicable liability insurance.

Claims against Arizona government entities may involve even shorter deadlines. Depending on the circumstances, A.R.S. § 12-821.01 generally requires a notice of claim within 180 days after accrual, while A.R.S. § 12-821 generally imposes a one-year lawsuit deadline.

The safest approach is to have an Arizona wrongful death attorney evaluate the applicable filing deadlines for each potentially responsible party as soon as possible. Waiting for the criminal case to end without understanding these deadlines can jeopardize the family’s opportunity to recover compensation.

A Practical Example: A Fatal Accident Involving Criminal Charges

Consider a hypothetical situation involving a family in Glendale, Arizona. A delivery driver causes a serious collision that kills another motorist. Police investigate the circumstances, and prosecutors later file manslaughter charges against the driver.

The criminal case is scheduled for trial, but hearings, evidence disputes, and other procedural delays extend the proceedings. Meanwhile, the surviving family is struggling with funeral expenses, lost household income, and the emotional consequences of losing a loved one.

The family may have grounds for a wrongful death claim against the driver. Depending on the circumstances, the driver’s employer may also face civil liability, and a commercial insurance policy could provide an additional potential source of compensation.

If the family waits until the criminal trial concludes, the special filing extension potentially available against the charged driver might not protect a separate claim against the employer. This could limit the family’s legal options and access to available insurance coverage.

This example illustrates why identifying every potentially responsible party early can be just as important as understanding the criminal charges. A civil investigation can examine liability, insurance coverage, and financial losses while the criminal case continues through the court system.

Can You Recover Compensation While the Criminal Case Is Pending?

Yes. A family may pursue financial compensation through a civil wrongful death claim independently of whether the criminal proceedings have concluded. The availability and amount of compensation depend on the facts, the evidence supporting liability, and the losses experienced by eligible survivors.

Under A.R.S. § 12-613, wrongful death damages are intended to fairly address the injuries suffered by surviving family members. Depending on the circumstances, recoverable damages may include lost financial support, loss of companionship, emotional suffering, and appropriate funeral or burial expenses.

A wrongful death claim is not limited to immediate financial expenses. Losing a spouse, parent, or child may change a family’s emotional well-being, household stability, future financial security, and personal relationships for years to come.

At Perez Law Group, PLLC, we recognize that evaluating a wrongful death claim requires looking beyond the immediate expenses and considering how the loss has affected the entire family.

Is Criminal Restitution the Same as Wrongful Death Compensation?

No. Criminal restitution and wrongful death damages are different legal remedies, and families should understand what each may provide. Restitution generally addresses qualifying economic losses resulting from a criminal offense, while a civil wrongful death lawsuit may seek a broader range of compensation, including certain noneconomic damages.

For example, a criminal court may order restitution for qualifying funeral expenses or other direct economic losses. A wrongful death lawsuit may additionally address the surviving family’s loss of companionship, emotional suffering, and financial support that the deceased would have provided.

Arizona law allows qualifying victims to pursue civil remedies separately from criminal restitution, although payments for overlapping losses must be properly accounted for. A criminal sentence or restitution order does not automatically provide full compensation for everything the family has experienced.

Who Can File a Wrongful Death Claim in Arizona?

Under A.R.S. § 12-612, an Arizona wrongful death action may be brought by a surviving spouse, child, parent, guardian, or the deceased person’s personal representative, subject to the statute’s requirements. A personal representative may bring the action on behalf of eligible surviving family members or, if none survive, on behalf of the deceased person’s estate.

Determining who has the legal right to bring the lawsuit can become more complicated when multiple family members have experienced different financial and emotional losses. Arizona law also includes requirements governing who may benefit from a wrongful death recovery and how damages are distributed.

An attorney can help identify the appropriate person to file the lawsuit, evaluate potential beneficiaries, and make sure the civil claim follows Arizona’s procedural requirements.

What Should Families Do While Criminal Charges Are Pending?

Families do not need to wait until every police report, medical record, or criminal court document becomes available before contacting a wrongful death attorney. Early legal guidance can help protect evidence and identify important issues that may otherwise be overlooked during the criminal proceedings.

Start by preserving whatever information is already available, such as the death certificate, incident reports, photographs, witness contact information, medical records, and financial documents. Families should also keep communications from insurance companies and avoid signing settlement agreements or releases before understanding their potential legal consequences.

It may be helpful to maintain communication with the prosecutor’s victim services representative for information about hearings and victims’ rights. The Arizona Attorney General’s Office of Victim Services provides resources to help crime victims understand the criminal justice process and available assistance.

At the same time, a civil attorney can independently evaluate potential liability, identify insurance policies, document damages, and monitor applicable deadlines. This approach allows the family to pursue its legal options without relying exclusively on the outcome of the criminal prosecution.

Frequently Asked Questions About Wrongful Death Claims and Criminal Charges

Can I file a wrongful death lawsuit if no criminal charges have been filed?

Yes. Criminal charges are not required to establish a wrongful death claim in Arizona. If another party’s wrongful conduct caused the death and the legal requirements are satisfied, eligible surviving family members may have grounds to pursue compensation through a civil lawsuit.

What happens if criminal charges are dismissed?

The dismissal of criminal charges does not automatically prevent a wrongful death lawsuit. Criminal prosecutors and civil plaintiffs operate under different legal standards, so a decision not to prosecute or continue a criminal case does not necessarily resolve whether the defendant may be held civilly liable.

Will my wrongful death lawsuit delay the criminal trial?

Not automatically. Criminal and civil proceedings are separate, although overlapping evidence, testimony, and discovery requests can create complications. In certain circumstances, a judge may pause civil proceedings while a criminal case continues, but the decision depends on the specific facts and legal considerations.

Can I sue someone who was acquitted of manslaughter?

Potentially, yes. A criminal acquittal means prosecutors did not establish guilt beyond a reasonable doubt, but it does not necessarily prevent a separate civil lawsuit. A wrongful death claim generally uses a lower burden of proof, allowing civil liability to be evaluated independently.

Does a criminal conviction guarantee wrongful death compensation?

No. Although a criminal conviction may establish important facts that support civil liability, it does not automatically guarantee a financial recovery. Families must still establish their recoverable damages, and practical issues such as available insurance coverage and the defendant’s ability to pay may affect collection.

Speak With an Arizona Wrongful Death Attorney Before Waiting for the Criminal Case to End

When a loved one’s death leads to criminal charges, families understandably want answers, accountability, and justice. However, the criminal justice system does not necessarily address every financial and personal loss left behind. A wrongful death lawsuit provides a separate legal avenue for eligible survivors to pursue compensation and hold responsible parties financially accountable.

At Perez Law Group, PLLC, our attorneys represent families in Glendale, Phoenix, Peoria, Surprise, and throughout Arizona in serious personal injury and wrongful death matters. We can help evaluate the circumstances of the death, identify potentially responsible parties, investigate available insurance coverage, and explain how pending criminal proceedings may affect a civil claim.

You do not have to wait for a criminal verdict to understand your legal options. Contact Perez Law Group or call (602) 730-7100 to discuss your family’s situation and learn more about pursuing a wrongful death claim.

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This article provides general information about Arizona wrongful death law and is not legal advice. Each case depends on its specific facts, defendants, applicable deadlines, and legal requirements.