Informational only · Not a law firm
Crime, assault, or other violence
Losing someone to an act of violence is a uniquely painful kind of grief. You may be dealing with police, investigators, and prosecutors—all while trying to understand whether anyone else, beyond the person who committed the crime, may have contributed to the danger that led to your loved one’s death.
This page cannot answer whether a civil wrongful death claim exists. It can help you understand the kinds of questions families sometimes ask.
How violence can raise wrongful death concerns
The criminal process focuses on punishment. A civil wrongful death case asks a different question:
Were there preventable failures that contributed to the harm?
Families often seek clarity when issues such as the following are present:
- A property owner ignored repeated safety concerns
- Security staff or systems were missing or malfunctioning
- A business failed to protect guests in a known high-risk area
- A third party contributed to the danger (for example, furnishing a weapon to someone prohibited)
- Warning signs were overlooked
These civil questions are separate from criminal charges.
Questions attorneys may explore
- Where did the incident occur, and who was responsible for safety there?
- Were security measures adequate for known risks?
- Did anyone previously report threats, violence, or unsafe conditions?
- Was alcohol service involved, and were overservice laws violated?
- Could reasonable steps have reduced the risk of harm?
Civil liability depends heavily on state law and the specific context.
What to gather, if you’re able
- Any communication from law enforcement
- Names of witnesses or people who spoke with investigators
- Messages, photos, or posts from your loved one about the location or individuals involved
- A written timeline of what you know
You are not expected to conduct any investigation yourself.
Why timing matters
Security footage, witness memories, and digital data can all be lost quickly. While you should not feel pressured to act before you’re emotionally ready, speaking with a lawyer earlier can help preserve evidence without obligating you to pursue anything.
Gentle next steps from here
You might begin with whatever information you already have. When you feel ready, learning about your state’s wrongful death laws can help you understand how civil claims may intersect with the criminal process.
Common questions about violence and wrongful death
If there is a criminal case, do we still need a civil wrongful death case?
The criminal case focuses on punishment and public safety. A civil wrongful death claim is separate and may address compensation and the role of other parties, such as property owners or businesses, whose safety decisions contributed to the risk.
Should we wait for the criminal case to finish before talking to a lawyer?
Not necessarily. Civil deadlines may expire long before a criminal case ends. A civil lawyer can coordinate with the criminal process while helping you protect your rights.
What if the person responsible was never arrested or charged?
Criminal charges are not required for a civil wrongful death claim. The standards of proof are different, and civil cases can sometimes proceed even when prosecutors decline to file charges.
Related situations and next steps
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