When a fatal accident or wrongful act occurs, families often want to know how the legal system will respond — both in terms of accountability and in terms of recovery. Delaware’s civil and criminal systems run on parallel tracks, and understanding the difference helps set realistic expectations.
The Detailed Answer
Who Brings the Case
- Wrongful death — brought by the personal representative of the estate on behalf of the statutory beneficiaries under 10 Del. C. § 3724.
- Criminal charges — brought by the Delaware Attorney General or local prosecutors representing the State.
What Each Case Seeks
- Civil — financial compensation for the family’s losses, including economic and non-economic damages.
- Criminal — punishment such as incarceration, probation, fines, and a criminal record.
Burden of Proof
- Civil — preponderance of the evidence (more likely than not).
- Criminal — beyond a reasonable doubt (a substantially higher standard).
Because of this difference, a defendant can be found not guilty criminally but still be liable in a civil wrongful death action.
Independent Proceedings
The civil and criminal cases proceed independently. A criminal investigation may delay civil discovery in some circumstances, but neither case is dependent on the outcome of the other. Plea agreements or convictions can sometimes be used as evidence in the civil case.
Statute of Limitations
The civil wrongful death claim is generally subject to the two-year limitations period under 10 Del. C. § 8107, regardless of when criminal charges are resolved.
What This Means for Your Case
Families should not wait for criminal proceedings to conclude before considering a wrongful death claim. The civil case has its own timeline and standards. Joseph M. Jachetti has experience handling Delaware wrongful death matters and can help coordinate with criminal proceedings where applicable. See the wrongful death overview for more.
Related Questions
Q: Can a criminal conviction help the civil case?
Yes, in some situations. Certain admissions or convictions may simplify proof in the civil case.
Q: What if the State declines to charge?
The civil wrongful death claim still proceeds. Criminal charging decisions do not control civil liability.
Q: Will testimony in the civil case affect the criminal case?
Testimony can sometimes be used across cases. Coordination with criminal counsel where applicable is wise.
When to Talk to a Delaware Wrongful Death Lawyer
Coordinating civil and criminal proceedings is delicate. A Delaware wrongful death attorney can help navigate both tracks.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.