Understanding Wrongful Death and Criminal Charges

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April 3, 2025

When a loved one dies due to someone else’s negligence or intentional actions, families often ask: Is wrongful death a felony? While wrongful death can result from criminal acts, the lawsuit itself is a civil case, not a criminal one. However, certain cases of wrongful death may also lead to criminal charges like manslaughter or homicide.

This article explains the difference between wrongful death lawsuits and criminal charges, what makes a death a felony offense, and how families can seek justice and compensation in both civil and criminal cases.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim filed by surviving family members when someone’s negligence, recklessness, or intentional act causes a death. These lawsuits seek financial compensation for damages like:

Medical bills and funeral expenses
Lost income and future earnings
Pain, suffering, and emotional distress
Loss of companionship and support

Unlike criminal cases, wrongful death lawsuits do not result in prison time—they only award monetary damages.

Is Wrongful Death a Felony?

No, wrongful death itself is not a felony. It’s a civil matter where surviving family members sue the responsible party. However, the act that caused the death may be a felony if it involved criminal behavior.

When Does a Wrongful Death Involve a Felony?

A wrongful death case may overlap with criminal law in situations where a crime caused the death, such as:

Homicide (Murder or Manslaughter) – If someone intentionally kills another person, it’s a felony, and prosecutors may file murder or manslaughter charges.
Drunk Driving Accidents (Vehicular Homicide) – If a driver kills someone while intoxicated, they could face felony charges for vehicular homicide.
Medical Malpractice with Gross Negligence – Extreme medical negligence (e.g., a surgeon operating while drunk) could lead to criminal charges in addition to a civil lawsuit.
Workplace Negligence – If an employer knowingly ignores safety rules, leading to a worker’s death, they could face criminal penalties.

In these cases, the wrongful death lawsuit runs separately from the criminal trial.

Wrongful Death vs. Criminal Homicide: What’s the Difference?

1. Who Files the Case?

Wrongful Death: Filed by the victim’s family in civil court.
Criminal Homicide: Filed by the state (prosecutors) in criminal court.

2. Burden of Proof

Wrongful Death: The plaintiff must prove the defendant’s negligence caused the death by a preponderance of the evidence (more likely than not).
Criminal Homicide: Prosecutors must prove the defendant’s guilt beyond a reasonable doubt, which is a much higher standard.

3. Punishment

Wrongful Death: The defendant may be ordered to pay financial damages, but won’t face jail time.
Criminal Homicide: The defendant may face prison, probation, or other criminal penalties.

A person can be sued for wrongful death even if they are found not guilty in criminal court—as happened in the famous O.J. Simpson case, where he was acquitted of murder but later lost a wrongful death lawsuit.

Can You File a Wrongful Death Lawsuit If a Criminal Case Is Ongoing?

Yes! A wrongful death lawsuit can be filed even if there is a pending criminal case. However, the civil case may be delayed until the criminal trial is resolved.

Why File a Wrongful Death Lawsuit in Criminal Cases?

Criminal cases focus on punishment (prison time), while wrongful death suits focus on compensation.
Even if criminal charges are dropped or the defendant is acquitted, families can still win damages in civil court.
The standard of proof is lower in civil court, making it easier to hold someone accountable.

If a criminal conviction happens first, it can strengthen the wrongful death claim. However, criminal charges are not required to file a wrongful death lawsuit.

Can Wrongful Death Be a Misdemeanor Instead of a Felony?

While wrongful death is not a criminal charge, the actions leading to it may result in felony or misdemeanor charges, depending on intent and circumstances.

Examples of Misdemeanor-Level Wrongful Death Cases:

Reckless Driving Leading to Death – If a driver was speeding but not drunk or intentionally reckless, they may face vehicular manslaughter as a misdemeanor.
Medical Negligence Without Intent – If a doctor made a mistake but was not grossly negligent, there would be no felony charges, only a civil wrongful death claim.

However, most cases involving criminal responsibility for a death result in felony charges.

How a Minneapolis Medical Malpractice Lawyer Can Help

Whether a wrongful death results from negligence or a criminal act, families deserve justice. A Minneapolis medical malpractice lawyer like Mark Perron can:

Investigate whether a wrongful death lawsuit is possible.
Gather evidence to prove negligence or misconduct.
Work alongside criminal prosecutors if a felony case is involved.
Negotiate a fair settlement or take the case to trial.

Wrongful death cases are emotionally and legally complex, and a skilled attorney can ensure that your family gets the compensation it deserves.

Conclusion: Is Wrongful Death a Felony?

Wrongful death is not a felony, but it can involve criminal charges if the person responsible committed a homicide, reckless act, or intentional crime.

Families seeking justice and compensation can file a wrongful death lawsuit even if a criminal case is pending. While criminal trials aim for punishment, wrongful death claims focus on compensating families for their loss.If you’ve lost a loved one due to negligence or misconduct, contact Mark Perron, a Minneapolis medical malpractice lawyer, to discuss your case today.

If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.