When someone dies unexpectedly, the people closest to them may face social, financial and personal consequences. If there is evidence showing that either negligence or misconduct on the part of a person or a business caused the tragedy, then a wrongful death lawsuit could be an option.
Civil litigation can lead not only to the courts acknowledging that one party was responsible for the tragedy that occurred but also to financial compensation for the estate and surviving family members of the person who died. Wrongful death lawsuits sometimes follow the prosecution of the party at fault for the tragedy.
How does a criminal case affect a civil lawsuit?
Prosecution can strengthen the lawsuit
Typically, successful prosecution makes it easier to pursue a wrongful death lawsuit. If the defendant named in the lawsuit pleads guilty to a crime or if the courts convict them during a trial, then the chances of a successful wrongful death lawsuit increase.
The evidence used in the criminal trial can theoretically help support the civil case. The higher evidentiary requirements for criminal prosecution mean that evidence strong enough to secure a conviction is likely to be strong enough to lead to a successful lawsuit as well.
Contrary to what some people may think, state prosecution does not eliminate the option of filing a lawsuit. Civil action does not violate the double jeopardy rule that protects people from repeated prosecution.
Building a strong wrongful death case requires a careful assessment of evidence and prompt action. Securing the support of a wrongful death lawyer can help families and those administering estates evaluate their options and take legal action, if doing so is appropriate.