Are criminal charges necessary for wrongful death lawsuits?

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After a sudden and tragic loss, surviving loved ones often want justice. One of the options in Minnesota is a wrongful death lawsuit. It is possible to hold a person or a business responsible for causing a premature death.

Wrongful death lawsuits can give grieving families a sense of justice and can reduce the economic impact of their loss. Those hoping for justice may sometimes overlook wrongful death lawsuits, as they may believe they are not in a position to file a lawsuit – especially if the responsible party wasn’t charged with a crime. Is it possible to hold an outside party accountable for a tragedy if the state did not prosecute that party or failed to secure a conviction?

Criminal convictions are helpful but not mandatory

The criminal justice system operates separately from the civil courts. While the successful prosecution of the party at fault can strengthen a wrongful death lawsuit, neither a conviction nor charges are necessary for a wrongful death lawsuit.

Some wrongful death lawsuits relate to wrongful acts, including criminal conduct. Others stem from allegations of omissions and negligence. Even in cases where misconduct might be to blame, the state may not have been able to secure enough evidence to reasonably bring charges.

Proving that a crime occurred requires evidence that supports the allegations beyond a reasonable doubt. The standard necessary to win in a civil lawsuit is substantially lower.

Plaintiffs must show that a preponderance of the evidence supports their allegations. Even in cases where the state could not bring charges or secure a conviction, grieving families may still be able to file a successful wrongful death lawsuit after a tragedy.

Obtaining legal guidance to review the circumstances surrounding a loved one’s passing can help survivors determine if they have a strong case. Wrongful death lawsuits can provide justice, even in cases where the criminal courts cannot offer families closure.

[author] [author_image timthumb=’on’]/wp-content/uploads/sites/1404353/2026/02/michael-gaarder-injury-attorney.jpg[/author_image] [author_info]Attorney Michael Gaarder handles wrongful death claims for families throughout Central Minnesota. From fatal car accidents, fatal trucking crashes, to fatal motorcycle wrecks, he guides families through the entire process. If you’ve lost a loved one in a fatal accident, contact us for a free consultation.[/author_info] [/author]

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