Stephen Hasner | Wrongful death | April 18, 2026
Losing a loved one is one of the most difficult experiences a family can face, and it can become even more confusing when criminal charges are filed at the same time. You may be grieving while also trying to make sense of two separate legal processes that move at different speeds and follow different rules.
Even when both cases arise from the same event, they serve different purposes and may lead to different outcomes. Understanding how a criminal case and wrongful death claim interact can help you decide your next steps.
If you have questions about your options, speaking with someone who understands this process may help you move forward with greater clarity.
Key Takeaways About When Criminal and Wrongful Death Cases Overlap in Atlanta
- A criminal prosecution and a civil wrongful death action may proceed from the same incident, but they operate independently in separate courts with different burdens of proof.
- Georgia’s tolling statute under O.C.G.A. § 9-3-99 may pause the two-year statute of limitations on a wrongful death claim while a related criminal prosecution is pending, for up to six years.
- A criminal conviction does not automatically establish civil liability, and an acquittal does not prevent the family from pursuing a wrongful death lawsuit.
- The burden of proof in a criminal case is beyond a reasonable doubt, while a civil wrongful death claim requires only a preponderance of the evidence, meaning more likely than not.
How Do Criminal Prosecutions and Wrongful Death Civil Lawsuits Differ in Georgia?
Both cases come from the same facts, but they follow different legal rules and have different goals. Criminal cases are meant to punish the person who broke the law, while civil cases are meant to get money for the people who were harmed.
The main differences between a criminal case and a civil wrongful death claim in Georgia include the following:
- The criminal case requires proof beyond a reasonable doubt; the civil case requires only a preponderance of the evidence
- The State of Georgia brings the criminal case through the district attorney, while the surviving family brings the civil wrongful death action independently
- The criminal case seeks punishment such as imprisonment, fines, and a criminal record, while the civil case seeks compensation for the full value of the deceased’s life under O.C.G.A. § 51-4-2
- The defendant has a constitutional right to remain silent in the criminal case but may be compelled to testify under oath in the civil proceeding
- Evidence excluded from the criminal trial due to Fourth or Fifth Amendment protections may still be admissible in the civil case
These differences explain why the criminal case outcome does not determine the wrongful death lawsuit. A family may recover full compensation in a civil case even when the criminal prosecution results in an acquittal or a plea to lesser charges.
Why the Lower Burden of Proof Matters for Families
The difference in burden of proof is the single most important distinction between the two proceedings. A prosecutor may lack enough evidence to convince twelve jurors beyond a reasonable doubt, and the defendant walks free.
That same body of evidence, presented to a civil jury under the preponderance standard, may be more than enough to establish liability. Many wrongful death claims in Georgia succeed precisely because the civil standard requires only that the family show it is more likely than not that the defendant’s conduct caused the death.
How the Fifth Amendment Creates a Procedural Advantage in Civil Cases
In a criminal trial, the defendant may invoke the Fifth Amendment and refuse to testify. A civil jury in Georgia may not draw a negative inference from the defendant’s silence in the criminal case.
However, in the civil wrongful death proceeding itself, the defendant may be compelled to answer questions under oath during depositions and at trial. That difference may lead to testimony in the civil case that does not appear in the criminal proceeding.
How Does Georgia’s Tolling Statute Affect the Filing Deadline When Criminal Charges Are Pending?
Georgia’s general statute of limitations for a wrongful death claim is two years from the date of death under O.C.G.A. § 9-3-33. When criminal charges arise from the same incident, a separate statute may pause that clock.
How the Tolling Provision Under O.C.G.A. § 9-3-99 Works
Under O.C.G.A. § 9-3-99, the statute of limitations for any tort claim brought by the victim of an alleged crime is tolled from the date the crime occurred until the prosecution becomes final or otherwise terminates.
This tolling period may not exceed six years. Once the criminal case concludes, the remaining time on the statute of limitations resumes running, with at least two years available from that point to file the civil claim.
Georgia courts have interpreted this tolling provision broadly. Traffic violations that result in a citation, such as a driver ticketed for running a red light or failing to yield, may in many circumstances qualify as criminal conduct for tolling purposes.
The Georgia Court of Appeals addressed this in Harrison v. McAfee, 338 Ga. App. 393 (2016), holding that a misdemeanor traffic violation falls within the scope of O.C.G.A. § 9-3-99.
Who Qualifies as a Victim for Tolling Purposes in a Wrongful Death Case
The tolling statute applies to claims brought by the victim of the alleged crime. In wrongful death cases, this raises a nuanced question because the actual victim is deceased and the claim is brought by surviving family members. Georgia courts have addressed this issue with varying results depending on the facts.
The Georgia Court of Appeals held in Hicks v. Universal Health Services (2022) that parents of murder victims did not qualify as victims under the tolling statute because they were not the persons directly harmed by the crime.
This ruling suggests that the tolling provision may not apply in every wrongful death case, and the analysis depends on the relationship between the claimant and the criminal act.
Consulting with an attorney about how this provision applies to your specific situation is particularly important when the standard two-year deadline is approaching.
What Happens to the Civil Lawsuit if the Criminal Defendant Is Acquitted?
An acquittal in the criminal case does not end the wrongful death civil lawsuit. The two proceedings operate independently, and a not-guilty verdict in the criminal court does not create any presumption in the civil case. The reasons a wrongful death claim in Georgia may succeed after a criminal acquittal include the following:
- The civil case applies a preponderance of the evidence standard, which is a significantly lower bar than proof beyond a reasonable doubt
- Civil courts may admit evidence excluded in the criminal case under different rules
- The defendant may be compelled to testify in the civil case, whereas the defendant exercised the right to remain silent in the criminal proceeding
- The civil jury evaluates the facts independently and reaches its own conclusion about liability and damages
Georgia law permits the same outcome that occurred in the nationally recognized O.J. Simpson case, where a criminal acquittal for murder was followed by a finding of civil liability for wrongful death. The two systems operate on different tracks, and the result of one does not bind the other.
How Does a Criminal Conviction or Plea Affect the Wrongful Death Lawsuit?
A criminal conviction may strengthen the family’s civil case, but it does not automatically establish liability in the wrongful death action. Georgia follows specific rules about how criminal case outcomes factor into civil proceedings, and the impact depends on the type of resolution:
- A guilty plea or conviction at trial may be introduced as evidence of the underlying facts, though the civil jury still makes its own independent determination
- A nolo contendere plea, sometimes called a no contest plea, may not carry the same evidentiary weight as a guilty plea under Georgia law because defendants sometimes negotiate nolo pleas specifically to limit exposure in related civil litigation
- A plea to lesser charges may still provide useful evidence in the civil case, though the scope of what the plea covers affects how much weight it carries
- An acquittal does not create any defense or presumption in the civil case and does not prevent the family from proving liability
The type of criminal resolution shapes how your attorney presents the case to a civil jury and uses the outcome in settlement negotiations.
What Types of Atlanta Cases Commonly Involve Overlapping Criminal and Civil Proceedings?
The overlap between a criminal prosecution and a civil wrongful death action arises across a range of circumstances in the Atlanta metro area and throughout Georgia. Some of the most common scenarios include:
- Fatal DUI crashes on Atlanta highways like I-285, I-75, and I-85, where the at-fault driver faces vehicular homicide charges while the family pursues a civil claim for the full value of life
- Fatal hit-and-run accidents in Fulton County, DeKalb County, or other metro Atlanta jurisdictions, where the driver faces criminal charges for leaving the scene
- Workplace fatalities involving criminal OSHA violations, where the employer or a responsible party faces both prosecution and a civil wrongful death action
- Homicides resulting from negligent security at apartment complexes, nightclubs, or commercial properties in Atlanta, where the property owner faces civil premises liability and the assailant faces criminal charges
- Fatal medical negligence cases where the healthcare provider’s conduct rises to the level of criminal reckless conduct under Georgia law
Each of these scenarios involves different types of evidence, different defendants, and different legal theories. The interaction between the criminal and civil proceedings shapes the timing, strategy, and ultimate outcome of the family’s wrongful death claim.
Why Do Atlanta Families Trust Hasner Law When Criminal and Civil Cases Overlap?
When a death leads to both criminal charges and a wrongful death claim, the two proceedings follow different timelines, rules, and objectives. Coordinating them is critical to protecting your family’s rights.
Hasner Law brings more than 100 years of combined experience handling wrongful death and complex injury cases across Georgia, with a clear understanding of how parallel proceedings affect civil claims.
The firm monitors the criminal case, evaluates whether O.C.G.A. § 9-3-99 tolls the statute of limitations, and uses evidence from the criminal investigation to strengthen the civil case. It also advises on timing and strategy to ensure claims are filed properly and the family’s right to full compensation is preserved.
A criminal conviction may support a wrongful death claim, but it is not required. Hasner Law handles cases on a contingency-fee basis and serves clients in English and Spanish.
FAQs for When a Criminal Case and Wrongful Death Civil Lawsuit Overlap in Atlanta
Does the family have to wait for the criminal case to finish before filing a wrongful death lawsuit?
No. A wrongful death lawsuit may be filed at any time. However, some parts of the case may be delayed for strategic reasons. O.C.G.A. § 9-3-99 may also extend the filing deadline.
If the defendant is found not guilty, may the family still file a wrongful death claim?
Yes. An acquittal does not prevent a civil lawsuit. The civil case uses a lower burden of proof, and the jury decides liability independently.
Does a criminal conviction automatically prove liability?
No. A conviction or guilty plea may be used as evidence, but the civil jury must still decide liability and damages.
How long can O.C.G.A. § 9-3-99 extend the deadline?
The statute of limitations may be paused until the criminal case ends, for up to six years. After that, the remaining time resumes, with at least two years to file.
What is the difference between a guilty plea and a nolo contendere plea?
A guilty plea may be used as evidence in the civil case. A nolo contendere plea generally carries less evidentiary weight and is often used to limit civil exposure.
Protect Your Family’s Wrongful Death Claim When a Criminal Case Overlaps in Atlanta
The criminal justice system and the civil justice system ask different questions, follow different rules, and reach different conclusions. Your family’s right to pursue compensation for the full value of your loved one’s life does not depend on whether the criminal case results in a conviction, an acquittal, or a plea deal.
What matters is that you take action within the deadlines Georgia law requires and build a civil case grounded in evidence rather than assumptions about what the criminal proceeding may produce. Speak with a Hasner Law wrongful death attorney today for a free consultation and take the first step toward protecting your family’s claim.
