Criminal Case vs. Civil Wrongful Death Claim

These are two entirely separate legal proceedings, and families often don't realize this until after the criminal case concludes.

	Criminal DUI Case	Civil Wrongful Death Claim
Who brings it	The state (prosecutor)	Your family (or estate)
What it can result in	Jail, fines, license revocation	Financial compensation to your family
Standard of proof	Beyond reasonable doubt	Preponderance of evidence (more likely than not)
Does it pay the family?	No	Yes — that's the entire purpose
Can you pursue both?	Yes — simultaneously, completely independently

A criminal conviction actually helps the civil case — it establishes fault at a higher standard of proof than the civil case requires. But you don't have to wait for the criminal case to finish before filing the civil claim.

Third-Party Liability: Suing the Bar or Restaurant

Many states have dram shop laws that extend liability beyond the drunk driver to the business that served them. If a bar, restaurant, liquor store, or even a private party served an obviously intoxicated person — or a minor — who then caused a fatal crash, that business may share liability for the death.

This matters practically: the drunk driver may be broke, uninsured, or underinsured. A commercial establishment carries business liability insurance, which means there's more money available to compensate the family. Dram shop claims are time-sensitive and require identifying the establishment and gathering evidence (receipts, surveillance footage, witness accounts) as quickly as possible.

Punitive Damages

Unlike most wrongful death cases, drunk driving deaths frequently qualify for punitive damages — an additional award on top of compensatory damages, designed to punish the defendant for particularly reckless behavior. Courts in many states have found that choosing to drive while heavily impaired constitutes conscious disregard for others' safety, which is the legal standard for punitive damages. The availability and amount of punitive damages varies by state.

What Damages Are Available

• Funeral and burial expenses
• Lost financial support the deceased would have provided
• Loss of companionship, care, and guidance
• Mental anguish of surviving family members
• Punitive damages (in many states, for drunk driving specifically)
• Dram shop recovery from the serving establishment (where applicable)

Filing Deadlines

The civil wrongful death claim deadline runs independently of the criminal case — and doesn't pause while the criminal proceedings are ongoing. Most states allow one to four years from the date of death, but waiting for the criminal case to conclude before filing can put you at risk of missing the civil deadline. See our statute of limitations guide for ranges and your state's page for specifics. Dram shop claims sometimes have their own shorter deadlines.