When a person dies from reckless or unlawful actions, two separate legal paths may open at the same time. The state files criminal charges against the wrongdoer to protect the public and punish illegal behavior. At the same time, the surviving family may file a civil case to seek justice in Tennessee courts.
Criminal cases and civil claims: different goals and different rules
Criminal charges punish harmful acts against the public through severe penalties such as jail time or fines. In contrast, a civil lawsuit for wrongful death seeks financial recovery for grieving relatives under Tennessee law. These damages typically pay for funeral costs, unpaid medical bills and lost family income.
These two legal proceedings also rely on very different rules and burdens of proof. In criminal court, prosecutors must eliminate any reasonable doubt about the defendant’s guilt to win a conviction. For a wrongful death civil action, families carry a lower burden and must show it is more probable than not that the defendant’s conduct caused their loved one’s death.
How criminal case outcomes impact civil proceedings
Evidence gathered during the criminal investigation can support an ongoing wrongful death claim. Police reports, toxicology results and witness statements can reveal key facts about the circumstances of the death. A guilty plea or criminal conviction may also stop the at-fault party from denying key facts later.
A dropped charge or a not-guilty verdict does not prevent close relatives from pursuing a civil claim for damages related to the loss. Because civil courts use a lower standard of proof, a jury can still find the defendant liable. Still, Tennessee law generally gives families only one year from when the death occurred to bring a civil claim in court.
What Tennessee families should know before pursuing a civil claim
Tennessee’s wrongful death statute sets specific rules about who may file and how long they have to act. Tennessee law gives only certain close relatives the legal right to file, such as spouses or children. Because the criminal and civil cases may run on overlapping timelines, families should be aware that Tennessee’s one-year filing deadline continues to run regardless of what happens in the criminal proceeding.
