Your loved one is gone. A drunk driver took their life, and now you're left with questions, grief, and mounting bills. You want justice, but you're not sure where to start. Sound familiar? Many families in this situation find themselves wondering if they must wait for the criminal case to finish before they can file a civil lawsuit.
At the Law Office of Sean M. Wilson, we understand your pain and frustration. Our South Carolina wrongful death lawyers know that families like yours need answers now—not after years of waiting for the criminal justice system to run its course. Fortunately, you don't have to wait. Criminal charges and civil lawsuits are two separate legal processes that can run concurrently.
Here's what you should know about criminal cases versus civil lawsuits, and how our experienced attorneys can help you navigate the legal system after losing a loved one because of a drunk driver.
Criminal Cases vs. Civil Lawsuits
The legal system addresses drunk driving in two different and distinct ways. The state files criminal charges to punish the driver for breaking the law. The goal is to hold them accountable through fines, jail time, or license suspension. The state's attorney handles the case, and victims don't have direct control over the outcome.
A civil lawsuit is different. A representative for the victim's family files the case with the goal of recovering financial compensation for your losses. This includes medical bills, funeral costs, lost income, and the emotional suffering caused by your loved one's death. Family members decide whether to file and work with their lawyer to build the case.
These two processes run on separate tracks. The criminal case doesn't need to finish before you file a wrongful death lawsuit. You can start your civil lawsuit immediately, even if criminal charges haven't been filed yet.
Why You Shouldn't Wait to File a Wrongful Death Lawsuit
Not only do you not have to wait for criminal charges to resolve before filing your wrongful death case, but doing so could actually hurt your civil claim. Here's how:
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Time limits matter. South Carolina law gives you three years from the date of your loved one's death to file a wrongful death lawsuit. Waiting for a criminal trial to end could eat up months or even years of that time. If you miss the deadline, you lose your right to compensation entirely.
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Evidence can disappear. Witnesses forget details. Surveillance footage gets deleted. The longer you wait, the harder it becomes to gather the proof you need to win your case.
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Medical records become inaccessible. Hospitals and emergency responders typically maintain records for a limited period. Delays in filing can mean critical evidence is no longer available.
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Financial pressure builds. Funeral expenses, medical bills, and lost income don't wait for a criminal trial to finish. Filing your civil lawsuit quickly can help you access the resources you need to stay afloat.
Starting your wrongful death case early gives your lawyer time to investigate, gather evidence, and build a strong claim while the details are still fresh.
How Criminal Cases Can Help Your Civil Lawsuit
While you don't need to wait for criminal proceedings, a drunk driver's conviction can strengthen your wrongful death case. If a judge or jury finds the driver guilty in criminal court, that conviction can serve as powerful evidence in your civil lawsuit, as it proves the driver was legally responsible for the crash.
However, even if the criminal case results in an acquittal or reduced charges, you can still win your civil lawsuit. Civil cases use a lower standard of proof. In criminal court, the state must prove guilt "beyond a reasonable doubt." In a wrongful death case, you only need to show that the driver's actions "more likely than not" caused your loved one's death. This makes it easier to win compensation even if the criminal case doesn't result in a conviction.
What a South Carolina Wrongful Death Lawyer Can Do for You and Your Case
Filing a wrongful death case against a drunk driver isn't something you should try to do alone. The system is complex. At the Law Office of Sean M. Wilson, our South Carolina wrongful death lawyers can:
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Investigate the crash. We gather police reports, witness statements, toxicology results, and surveillance footage to build a clear picture of what happened.
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Prove the driver's negligence. To win your case, you must show that the drunk driver's actions directly caused your loved one's death. We can present evidence of intoxication, reckless behavior, and violations of traffic laws.
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Calculate your damages. Wrongful death cases can include compensation for medical expenses, funeral costs, lost income, and loss of companionship. We ensure you seek the full amount you deserve.
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Negotiate with insurance companies. Insurers often try to minimize payouts. We handle these negotiations and fight to ensure that you don't have to settle for less than what your claim is worth.
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Represent you in court. If the insurance company refuses to offer a fair settlement, we can take the case to trial and fight for your rights.
The Law Office of Sean M. Wilson works tirelessly to help families like yours hold drunk drivers accountable. We understand the pain you're going through, and we're here to guide you through every step of the legal process.
You don't have to wait for drunk driving criminal charges to file a wrongful death case. The sooner you act, the better your chances of recovering the compensation you need and deserve.