You may remember the famous OJ Simpson murder case where he was found not guilty in the criminal trial, but was found to be liable in the wrongful death case. How is this possible?
If the defendant has been charged with a crime stemming from your loved one’s death, that is a separate legal matter that is unrelated to your wrongful death lawsuit.
It is possible for someone to not be charged with a crime but to be sued for wrongful death in civil court. It’s also possible to be found innocent of the crime in criminal court but found liable in civil court for the death.
A criminal murder charge must be proven beyond a reasonable doubt, which is a high bar to clear. On the other hand, wrongful death claims simply need to show by a preponderance of the evidence that the defendant was likely to have caused the death.
Wrongful death lawsuits do not result in putting the defendant in prison, although that is possible. The primary reason to file a wrongful death lawsuit is to obtain compensation for your pain and suffering. Also, many people who are killed in an accident may have left young children behind. The money won in a lawsuit can be used to provide for the children’s welfare.
A wrongful death lawsuit is a civil matter, not a criminal one.