There are many ways for businesses and individuals to cause premature and unnecessary deaths. Drunk drivers who break the law can cause deadly crashes. Businesses can release unsafe products. Health care professionals may be so negligent when dealing with a patient that their mistakes and oversights result in a tragedy.
The people left behind in a wrongful death scenario might hope to take legal action against the person or business they blame for their loss. In some cases, there may be questions about their rights depending on whether or not the state brings criminal charges related to the tragedy.
How do criminal charges affect wrongful death lawsuits?
Convictions don’t prevent litigation
Some people mistakenly think that they cannot demand justice if the state has already sought it. People may be aware of the double jeopardy rule. They understand that the state should not bring charges against someone twice for the same offense.
If the state charges a drunk driver or a criminal for causing someone’s death, the charges do not prevent the people left behind from taking legal action. Civil litigation does not violate the double jeopardy rule. It is a civil matter between individuals or businesses, not a government action.
Criminal cases can provide evidence
If state prosecutors have enough evidence to bring criminal charges against an individual, that bodes well for the people considering a wrongful death lawsuit. The burden of proof is higher in criminal court. If the defendant pleads guilty or the prosecutor secures a conviction, evidence of wrongful conduct can strengthen a wrongful death lawsuit.
If the state cannot bring charges or secure a conviction, grieving families may still have enough evidence to pursue a wrongful death lawsuit. Discussing the situation that led to a tragedy can help people pursue justice. A wrongful death lawsuit can provide grieving people with financial compensation and a sense of closure.