Any time someone passes away as a direct result of another person’s actions, there will be at least some investigation by law enforcement into whether that person acted deliberately or negligently to such a degree that criminal charges may be necessary. Even if someone is arrested, convicted, and sent to prison for their role in someone else’s death, though, the criminal court system cannot compensate the deceased person’s surviving family members for the numerous forms of financial and emotional harm they have sustained.
Civil Versus Criminal Liability for a Wrongful Death
When someone recklessly, carelessly, or intentionally causes fatal injury to someone else, any ensuing criminal charges against them would proceed separately from any subsequent civil litigation against them. The two cases would move forward on different time scales and involve entirely different parts of the justice system, and the outcome of one case may not always have a direct bearing on that of the other. For this reason, it is actually possible—and not all that uncommon—for someone to be found civilly liable for causing someone else’s death without also being found criminally liable for it. With relatively few exceptions, though, it is not possible to wait until related criminal proceedings conclude to start wrongful death litigation. As a seasoned Garland wrongful death attorney could further explain, Texas Civil Practice & Remedies Code §16.003 typically gives just two years after the date a wrongful death occurs for surviving family members to begin a lawsuit.
