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Can I File a Wrongful Death Lawsuit If Criminal Charges Are Also Filed?


Posted Sep 2, 2026 Wrongful Death

Yes, criminal charges and a wrongful death lawsuit can co-exist. When an accident is fatal, the at-fault party can be charged with a crime and named in a lawsuit seeking damages for the family’s costs, suffering, and grief. While the two cases are separate, one can affect the other.

When you’ve lost someone in a fatal accident because someone else was negligent, it’s important to turn to an experienced wrongful death lawyer in Round Rock, TX, for help.

At Dow Law Firm, our Round Rock wrongful death attorneys help grieving families navigate complex wrongful death claims in the wake of tragic accidents. When the at-fault party is also charged with a related offense, our wrongful death lawyers anticipate potential hurdles in the claims process and use evidence and outcomes from those charges to leverage optimal case results.

The Difference Between Criminal Charges and Wrongful Death

The state pursues criminal charges when someone breaks the law. If a driver causes a fatal accident, they could potentially face charges for intoxication manslaughter if they were drunk, manslaughter if they were reckless, criminally negligent homicide if they consciously disregarded a serious risk to another’s safety, or murder if they acted intentionally.

In Texas, the state has the burden of proving guilt beyond a reasonable doubt. Only then can a defendant be convicted and sentenced for causing a fatal car accident.

A wrongful death claim, on the other hand, is a type of personal injury lawsuit. It’s a civil claim brought by a decedent’s surviving spouse, child(ren), or parent to recover monetary damages for lost financial support, lost household services and support, pain and suffering, and other losses.

Often, wrongful death claims are based on the claim that the defendant was negligent. If the family can prove the defendant’s negligence by a preponderance of the evidence, they can recover a monetary settlement or jury award to help them cope with their devastating loss.

How Criminal Charges Can Affect Wrongful Death Claims in Texas

If the defendant in your wrongful death case is charged with a related criminal offense, don’t be surprised if your case is put on hold temporarily. Since the stakes in a criminal case are much greater, the state sometimes allows related civil claims to be stayed until the criminal matter is resolved.

While this might delay your financial recovery, it can actually be helpful when you’re fighting for compensation. Evidence obtained in the criminal case can be used to support and strengthen your civil claim. So can a guilty plea or conviction at trial.

For example, if your family member was killed in a drunk driving accident in Texas, you can introduce evidence of a DWI, elevated breathalyzer or BAC test results, or failed field sobriety tests to prove your negligence claim.

This doesn’t mean you should wait to file a civil claim until a related criminal case wraps up. Wrongful death lawsuits are subject to a two-year statute of limitations. If you don’t file on time, you lose the right to sue, no matter how strong your arguments might have been. Your best bet is to contact an experienced Round Rock wrongful death attorney as soon as you can after a fatal accident.

Contact a Wrongful Death Lawyer for Help With Your Civil Lawsuit After a Fatal Accident in Texas

At Dow Law Firm, our wrongful death lawyers will help you understand your rights, explain how the criminal case might affect the claims process, and explain how we’ve successfully helped clients in your situation in the past. We’re here to make things easier for you during an incredibly difficult time, and we’re ready to take action whenever you are.

For a free consultation, contact our wrongful death attorneys in Round Rock, TX, at (512) 240-9951 today.

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