Can we file a claim while a criminal case is pending?

Yes. A civil wrongful death claim and a criminal prosecution are independent. Different parties, different standards of proof, different purposes.

Why the civil case doesn't wait automatically. The limitations period runs regardless of what's happening criminally, and criminal cases can take years. Waiting can consume the window entirely.

Where the criminal case helps. A conviction can be useful in the civil case. Evidence developed by law enforcement becomes available. And the criminal proceeding generates a record — testimony, exhibits, findings — that would otherwise cost a great deal to develop.

Where it complicates things. A defendant facing criminal charges will generally decline to testify in the civil case, invoking the privilege against self-incrimination. Courts sometimes stay civil proceedings for that reason, and prosecutors occasionally ask for delay.

Practical approach. File to protect the deadline, and address timing with the court as needed. The two proceedings can be sequenced without losing the claim.

Restitution in the criminal case is separate from and does not replace civil damages.