Wrongful death lawsuits make it possible for grieving families to obtain justice after a tragedy. When a business or person causes a premature death through negligent conduct or illegal behavior, those left behind after the tragedy may have the right to file a wrongful death lawsuit.
Survivors are often uncertain about their rights and may assume that they have limited options. In some cases, people may believe that whether or not the state pursues criminal charges can affect their right to request compensation.
Can criminal prosecution have any impact on a wrongful death lawsuit?
Prosecution doesn’t prevent litigation
Many people are familiar with the idea of double jeopardy for criminal defendants. They know that one defendant should not face legal consequences multiple times for the same incident.
Contrary to what people sometimes mistakenly believe, successful prosecution related to the circumstances that caused a death does not prevent people from filing a wrongful death lawsuit. Civil litigation is separate from criminal charges, and a guilty plea or conviction does not prevent families from taking legal action.
In fact, it may have the opposite effect. If the party responsible for the tragedy pleaded guilty, the civil courts may treat that as an admission of responsibility for the incident. If the prosecutor were able to secure a conviction at trial, there is likely more than enough evidence to meet the standard imposed in a civil lawsuit scenario.
Reviewing a tragedy that has led to the loss of a family member and any criminal case associated with their incident can help families hold the right party accountable after losing a loved one. Lawyers can help families determine if they have grounds for wrongful death litigation and manage the complex legal process of seeking justice.
