A wrongful death is a passing that occurs due to negligence or misconduct. Those hurt by another party can file a personal injury lawsuit. When negligence or misconduct leads to someone dying, a wrongful death lawsuit might be possible. In some cases, the same behavior that leads to a wrongful death lawsuit could also inspire the state to prosecute the party at fault for the tragedy.
What impact could criminal charges have on wrongful death litigation?
Some people worry that they cannot take action in civil court if the defendant ends up convicted of a crime. A misunderstanding of the double jeopardy rule that protects criminal defendants is responsible for this misconception.
Double jeopardy protections only apply to prosecution for criminal behavior, not civil lawsuits brought by those affected by misconduct. A conviction or guilty plea can actually serve as evidence of misconduct during a wrongful death lawsuit.
Even in cases where the state cannot secure a conviction, the evidence gathered by the state could be helpful for the plaintiffs in a wrongful death lawsuit. Plaintiffs do not need to prove beyond a reasonable doubt that a crime occurred, which is the standard imposed on the prosecutors. They only need to show that a preponderance of the evidence supports their allegations.
Successful wrongful death litigation is possible after a criminal conviction. It is also possible in cases where the state declines to charge the other party or where a trial leads to an acquittal. Reviewing the tragedy that could inspire a wrongful death lawsuit with a skilled legal team could help prospective plaintiffs determine if they have a strong enough case.
