When a death results from conduct that is also criminal, such as an assault, a homicide, or impaired driving, the family of the deceased person may pursue a civil wrongful death claim in addition to whatever happens in the criminal justice system. A common point of confusion is how the criminal case relates to the civil claim. In Georgia, the two proceedings are independent, operate under different standards of proof, and can reach different results. This guide explains how a wrongful death claim based on criminal conduct is established under Georgia civil law.
Civil and Criminal Cases Are Separate
A criminal prosecution and a civil wrongful death lawsuit serve different purposes. A criminal case is brought by the state to determine guilt and impose punishment, such as incarceration or fines, in order to protect the public. A wrongful death lawsuit is a private civil action, governed by Title 51, Chapter 4 of the Official Code of Georgia Annotated, that seeks monetary compensation for the loss caused by the death.
Because they are separate, the outcome of the criminal case does not control the civil case. A wrongful death claim does not require that criminal charges were ever filed. It does not require a criminal conviction. It can proceed even if charges were dropped, even if the defendant was never prosecuted, and even if the defendant was tried and acquitted. The civil claim stands on its own.
The Civil Standard of Proof
The most important difference between the two proceedings is the standard of proof. A criminal conviction in Georgia requires the state to prove guilt beyond a reasonable doubt, which is the highest standard in the legal system.
A wrongful death claim is a civil action and is decided under the preponderance of the evidence standard. This means the party bringing the claim must show that it is more likely than not that the facts supporting the claim are true. It is sometimes described as showing that the claim is more than fifty percent likely to be true. This is a meaningfully lower bar than the criminal standard.
This difference explains why an acquittal does not block a wrongful death claim. An acquittal means only that the prosecution failed to prove guilt beyond a reasonable doubt. It is not a finding that the defendant did nothing wrong. Because the civil claim uses a lower standard, the same conduct that did not support a criminal conviction may still support civil liability.
What the Claim Must Establish
Even when the underlying conduct is criminal, a wrongful death claim in Georgia is proven using the elements of a civil tort claim. The party bringing the claim generally must establish that the defendant owed a duty, that the defendant breached that duty through wrongful conduct, that the breach caused the death, and that the death produced compensable loss. Where the conduct is intentional, such as a battery that caused death, the claim is framed around that intentional tort rather than ordinary negligence, but the case is still decided by the preponderance standard.
Causation is a required element. The evidence must show, more likely than not, that the defendant’s conduct was the proximate cause of the death. The party bringing the claim must also be a person with the statutory right to do so, following the priority order in O.C.G.A. 51-4-2, 51-4-4, and 51-4-5.
Types of Evidence Involved
A wrongful death claim based on criminal conduct is established through the ordinary methods of civil proof. This can include testimony from witnesses, physical and documentary evidence, medical and forensic records, and expert testimony where appropriate. Evidence gathered in connection with a criminal investigation, such as police reports, may be relevant in the civil case, though the civil proceeding has its own rules of evidence and its own discovery process. The civil case is litigated on its own record.
Effect of a Criminal Conviction
While an acquittal does not bar a wrongful death claim, a criminal conviction can have a different effect. Because a conviction reflects a finding made under the higher beyond a reasonable doubt standard, it can carry significant weight in a related civil case. The specific evidentiary effect of a conviction depends on the rules that apply to the particular proceeding, but in general a conviction tends to support, rather than undermine, a civil claim arising from the same conduct. The absence of a conviction, by contrast, does not prevent the civil claim from going forward.
Damages in a Criminal Conduct Wrongful Death Case
The damages available follow the general Georgia wrongful death framework. The wrongful death claim itself seeks the full value of the life of the decedent, measured by both the economic value of the life and the intangible value of living. A separate survival action, brought by the personal representative of the estate under O.C.G.A. 9-2-41, may recover the deceased person’s pre-death medical expenses, conscious pain and suffering, and funeral expenses. Where the conduct was sufficiently egregious, punitive damages may be available through the survival action under O.C.G.A. 51-12-5.1, which requires proof by clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences. Criminal conduct that caused a death can sometimes meet that heightened standard, though it is decided on the facts of each case.
Summary
A wrongful death claim based on criminal conduct in Georgia is proven as a civil claim, independent of the criminal justice system. It uses the preponderance of the evidence standard rather than the criminal beyond a reasonable doubt standard, which is why such a claim can succeed even after an acquittal or in the absence of any criminal charges. The claim requires proof of the elements of a civil tort, including causation, and the recovery is governed by Georgia’s wrongful death and survival action statutes.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.