Was your loved one killed in an accident caused by carelessness, recklessness, or other misconduct? You and your family have the right to pursue justice through a wrongful death claim. This raises an important question: Is wrongful death civil or criminal? The short answer is that it is a civil case.

Though some fatal incidents do involve criminal charges as well. Here, our Anderson wrongful death lawyer provides a more comprehensive explanation of the law in South Carolina.

Is Wrongful Death Lawsuit Civil or Criminal?

Here is the key point for grieving families to know: A wrongful death case is a civil action. It is governed by S.C. Code § 15-51-10. The purpose of the claim is to provide financial compensation to the statutory beneficiaries of the deceased when the death results from negligence, recklessness, or other types of misconduct.

In South Carolina, the civil court evaluates liability based on the preponderance of the evidence, a standard that asks whether the defendant is more likely than not responsible for the loss. In this type of case, the focus is on accountability and compensation rather than punishment. Families recover money for economic losses, loss of companionship, and mental anguish.

How Civil Wrongful Death Claims Differ From Criminal Cases

In contrast to a civil case, a criminal case is designed to punish a defendant for breaking the law. The government brings the charge, not the family. The burden of proof is much higher. Prosecutors must prove the guilt of the defendant beyond a reasonable doubt. Penalties include imprisonment, fines, probation, or restitution. Criminal courts decide whether the conduct violated the criminal code, not whether the beneficiaries suffered financial and emotional harm. A beneficiary does collect compensation directly through a criminal conviction. Even when a defendant receives a criminal sentence, a civil wrongful death claim is required to seek financial recovery.

Some Fatal Incidents Lead to Both Civil and Criminal Cases

It is useful to know that some fatal incidents involve both types of cases. A drunk driver, a reckless operator of heavy machinery, or an assault that causes death can lead to criminal charges. A criminal case may run at the same time as a wrongful death claim. Each case moves independently.

A criminal conviction does not automatically establish civil liability, but it often strengthens the civil case because it confirms unlawful conduct. Even if prosecutors decline to file charges or the defendant is acquitted, the family may still succeed civilly because the evidentiary standard is lower.

Call Our Anderson, SC, Wrongful Death Attorney Today

At The Law Office of Steven M Krause, PA, our South Carolina wrongful death lawyer has the experience that grieving families can trust. If your loved one was killed in an accident caused by negligence, please do not hesitate to contact us today for a free consultation. With an office in Anderson, we handle civil wrongful death cases across South Carolina.