Losing a family member because of someone else’s reckless actions can leave you overwhelmed and searching for answers. Many families reach out to an Arlington wrongful death lawyer when they feel stuck between a public criminal case and their own need for clarity and support.
The legal system splits these events into two separate paths that run at the same time. The first is the criminal case, where the state of Texas seeks to punish the person responsible for the fatal crash or incident. The second is your civil case, a private lawsuit where you seek financial recovery for your family’s losses.
Even if the Tarrant County District Attorney moves forward, that process won’t address your family’s financial losses or long-term stability. An experienced Arlington wrongful death lawyer acts as your guide toward compensation through the civil process, leveraging the criminal case along the way.
Key Takeaways for an Arlington Wrongful Death Lawyer
- A criminal conviction isn’t required to win a civil wrongful death lawsuit in Arlington.
- The standard of proof is much lower in a Texas civil claim than in a criminal trial.
- Evidence collected by police, like toxicology reports and witness statements, can help your civil case.
- Filing a civil suit in Texas while the criminal case is active can allow your attorney to preserve and obtain evidence.
- A guilty plea in the criminal case can significantly speed up the civil liability and settlement negotiation process.
How Do Criminal and Civil Burdens of Proof Differ in Tarrant County?
Many people think a criminal trial and a civil lawsuit work like two sides of the same coin. It helps to think of them as two different systems with different goals, different rules, and different ways to win. The biggest difference comes down to the burden of proof.
In a criminal case, the Tarrant County prosecutor must prove the defendant is guilty beyond a reasonable doubt. To secure a conviction, the evidence must tip the scales so strongly that the jury has virtually no reasonable room for doubt. That high standard exists for a reason because someone’s freedom is at stake. If the jury has reasonable doubt, they must vote to acquit.
In a civil wrongful death case, the standard changes to a preponderance of the evidence. If the evidence shows it’s more likely than not that negligence caused your loved one’s death, you meet the standard.
That difference explains why someone can avoid a criminal conviction but still face financial responsibility in civil court. Your Arlington wrongful death lawyer doesn’t need to remove every doubt. They need to present a stronger, better-supported explanation of what happened and why it caused your family’s loss.
| Criminal Case | Civil Wrongful Death Case | |
| Who Brings the Case | Tarrant County prosecutor (the state) | The surviving spouse, children, or parents (plaintiffs) |
| Main Goal | Punishment and public accountability | Financial accountability and compensation |
| Burden of Proof | Beyond a reasonable doubt | Preponderance of the evidence (more likely than not) |
| What’s at Stake | Freedom (jail/prison), criminal penalties | Money damages and financial responsibility |
| Possible Outcome | Not guilty/guilty | Liable /not liable |
When To File a Wrongful Death Claim in Texas
You don't have to wait for the criminal case to end before you file a wrongful death claim in Arlington—and in most cases, you shouldn't. Waiting for the Tarrant County District Attorney's investigation to finish could actually hurt your ability to recover compensation.
The two-year statute of limitations in Texas for wrongful death claims starts on the day of your loved one's passing, and it doesn't pause for a criminal case. An experienced Arlington wrongful death lawyer understands the need for strategic timing.
Filing a civil lawsuit while the criminal case is pending allows your legal team to take active steps to protect your interests. If you wait, key evidence can be legally destroyed, witnesses can move or forget details, and the at-fault party may have time to hide assets.
Moving forward with your civil claim lets you get ahead of these problems. Your Arlington wrongful death attorney can immediately start building your case while memories are fresh.
Here is what happens when you file your civil suit concurrently:
- File the Civil Petition: Your lawyer will file a formal complaint, known as a petition, in the proper court. This action officially begins your lawsuit and forces the defendant to respond. It puts everyone on notice that you are serious about seeking justice.
- Send a Preservation Letter: This is a formal legal demand sent to the defendant and their representatives. It instructs them not to destroy, alter, or dispose of any evidence related to the case, such as cell phone records, vehicle data, or internal company memos.
- Initiate the Discovery Process: By filing suit, your lawyer can start using legal tools to gather information. They can request documents, send written questions (interrogatories), and schedule depositions to question people under oath. This process allows you to get a head start on collecting proof while the DA's office is doing the same.
How an Arlington Wrongful Death Lawyer Uses the District Attorney's Investigation
The Tarrant County DA’s office has investigators, forensic labs, and resources that most families simply don't have. When they build a criminal case for intoxication manslaughter on I-30 or a fatal assault in a north Arlington neighborhood, they collect a treasure trove of evidence.
This creates an investigative mirror. An Arlington wrongful death lawyer knows how to use this criminal file to reflect a clear picture of liability for the civil case, saving your family time and money.
While your family is focused on grieving, the government is busy building its prosecution. A smart legal team works in parallel, using the state’s work to your benefit. They may be able to obtain this evidence through the formal discovery process in your lawsuit.
Here are some of the key pieces of evidence from the criminal file that can support your civil claim:
- Official Police Report: This document provides the foundation. It lists names of parties, contact information for witnesses, a narrative of what happened, and the responding officer’s initial findings about who was at fault.
- Witness Statements: Police investigators and detectives interview many people at the scene and often follow up later. These statements lock witnesses into their stories, making them powerful tools in a civil deposition later on.
- Toxicology Report: If the at-fault person was suspected of being under the influence, police may have secured blood or breath tests. A positive toxicology report showing drugs or alcohol can be strong proof of gross negligence in a wrongful death claim.
- Physical and Forensic Evidence: This includes everything from photos of the crash scene on Cooper Street to the results of a detailed accident reconstruction. The state preserves this evidence through a clear chain of custody, making it much harder for the other side to challenge in civil court.
How a Guilty Plea Impacts a Texas Wrongful Death Settlement
While a conviction isn’t necessary, it can certainly make the civil process smoother. When a defendant pleads guilty or is convicted of a crime like intoxication manslaughter or criminally negligent homicide, it can provide strong evidence of negligence.
An Arlington wrongful death lawyer can leverage a criminal conviction to shift the focus of your case from proving fault to determining the amount of fair compensation. It can remove a major hurdle in many wrongful death lawsuits in Texas.
A criminal conviction or guilty plea provides several key advantages:
- Admission of Guilt: A guilty plea is a formal admission of the conduct that caused the death. This admission can be used directly against the defendant in your civil case, making it harder for them to deny liability.
- Streamlined Liability Phase: Since fault is strongly supported, your legal team can concentrate on showing the full extent of your family’s losses. This includes lost income, loss of companionship, mental anguish, and funeral expenses.
- Stronger Negotiation Position: The defendant and their insurer often have less leverage. This often leads to a faster and more favorable wrongful death settlement in the civil case.
- Judicial Estoppel: In some situations, the legal principle of judicial estoppel can prevent a defendant from taking a position in the civil case that contradicts their admission of guilt in the criminal case.
4 Steps To Protect Your Arlington Wrongful Death Claim
The time following a fatal incident is disorienting. You're trying to process an impossible loss while being pulled into a legal system you may not understand. Taking a few proactive steps can help protect your family and your rights before you speak with an Arlington wrongful death lawyer.
You have the power to protect your family's future, even when things feel out of control. An attorney can take on the legal burdens so you can focus on healing.
If your family is facing this complex situation, remember these points:
- Keep All Documents: Start a folder for everything related to the incident. This includes the police report number, bills from hospitals like Medical City Arlington, funeral expenses, and any letters from insurance companies.
- Limit Communication: Don’t speak to the at-fault party's insurance adjuster. Their job is to protect their company’s financial interests and limit payouts. Direct any calls to your attorney.
- Avoid Social Media: Don’t post anything about the incident, your loved one, or your emotional state on social media. Insurance companies monitor these accounts and can twist your words to use against you to lower your compensation.
- Get a Free Legal Consultation: Speaking with an Arlington wrongful death lawyer can give you clarity and a plan. A free consultation allows you to understand your options, the statute of limitations, and how to protect your family's rights.
FAQ for Arlington Wrongful Death Lawyer
What Is the Difference Between a Wrongful Death Lawsuit and a Murder Trial in Texas?
A murder trial is a criminal case where the state prosecutes someone for intentionally or knowingly causing a death. A wrongful death lawsuit is a civil case filed by the victim’s surviving spouse, children, or parents to seek financial compensation for their losses due to a negligent or intentional act. The goals are different: punishment for the criminal case and financial recovery for the civil case.
Can You Sue for Wrongful Death if There Are No Criminal Charges in Arlington?
Yes, you can absolutely sue for wrongful death even if there aren’t criminal charges. Since the burden of proof is much lower in a civil case, you can file and win a wrongful death lawsuit even if the Tarrant County DA decides not to file criminal charges or if a jury finds the person not guilty.
How Long Do I Have To File a Wrongful Death Lawsuit in Tarrant County?
In Texas, families generally have two years from the date of their loved one's death to file a wrongful death lawsuit. This deadline, called the statute of limitations, is very strict. Waiting too long could prevent you from ever being able to file a claim.
What Kind of Damages Can a Family Recover in a Wrongful Death Case?
Families may be able to recover compensation for a range of losses in a Texas wrongful death claim. This can include lost earning capacity of the deceased, loss of inheritance, loss of companionship and emotional support, mental and emotional anguish, and the costs of funeral and burial services.
Do I Have To Wait for the Criminal Trial To End Before Filing a Wrongful Death Claim?
You don’t have to wait for the trial to end before filing for wrongful death in Texas. In fact, you should contact a lawyer as soon as possible. An attorney can start preserving evidence, contacting witnesses, and filing the necessary legal paperwork to protect your rights under the statute of limitations.
Waiting for the criminal case to conclude could cause you to lose access to valuable evidence and even miss your deadline to file a civil claim.
Get the Answers You Need Today
When you’re grieving, the last thing you should have to do is manage a complex legal fight on your own. You don’t need to be a legal scholar to get the justice and financial support your family needs to move forward. DFW Injury Lawyers understands how these parallel legal tracks work and how to use the evidence from the Tarrant County DA’s investigation to build a powerful civil case.
Let us handle the legal headaches so you can focus on what matters most: your family. Contact our Arlington personal injury lawyers today through our online form for a straightforward conversation about your options.
Kevin L. Edwards
Founder
Attorney Kevin Edwards is a co-founder of DFW Injury lawyers. Over the last 15 years, Mr. Edwards has dedicated his practice to helping those who have been injured or harmed by the negligence, malfeasance, and/or recklessness of others.
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