Yes, you can file a wrongful death lawsuit regardless of whether or not criminal charges are filed. A wrongful death claim is a civil lawsuit filed against a party because their negligence or wrongdoing caused someone’s death. This civil lawsuit is entirely separate and distinct from any criminal charges that may or may not be filed.
If your loved one died due to another party’s negligent, reckless, or intentional action, you may be entitled to recover damages through a wrongful death claim. You should promptly consult a Baton Rouge wrongful death lawyer to determine your rights.
The Parties and Goals Are Different in Criminal Cases and Wrongful Death Cases
When a driver is charged with a crime following a fatal accident, that criminal prosecution is brought by the district attorney’s office, not by the victim’s family. The goal of the criminal case is to hold the defendant accountable under Louisiana’s criminal code, and the potential outcomes are fines, probation, and imprisonment.
A criminal conviction does not compensate your family. A prison sentence does not pay your loved one’s final medical bills. It does not replace the income your family has lost and does not account for the grief, loss of companionship, and other damages you have suffered. The criminal system simply is not designed to deliver financial justice to surviving families. However, the civil system is.
A wrongful death lawsuit filed under Louisiana Civil Code Article 2315.2 is your family’s separate legal action. It is pursued independently of whatever the district attorney’s office is doing. Its goal is to hold the defendant financially accountable for your damages. A wrongful death attorney can assist you in seeking financial recovery that the criminal system does not address.
The Standards Are Different in Criminal Cases and Wrongful Death Cases
One of the most important things to understand about the relationship between criminal charges and a civil wrongful death claim is that the legal standards are fundamentally different.
In a criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. That is the highest standard of proof in our legal system, and it is the reason criminal cases are sometimes lost even when the facts seem clear.
A jury may have a reasonable doubt about the defendant’s intent or the precise sequence of events, and that doubt can lead to an acquittal.
In a civil wrongful death case, the standard is preponderance of the evidence. This means that the jury or judge must find that it is more likely than not that the defendant’s negligence caused your loved one’s death. This is a much lower standard than the one in criminal cases.
A wrongful death lawyer can help you evaluate your case under this civil standard, even if a criminal prosecution does not occur or result in a conviction.
Criminal Charges Could Help Your Wrongful Death Claim
Although the filing of criminal charges is not necessary for you to file a wrongful death claim, it could strengthen your civil lawsuit. The criminal case could produce evidence and admissions that help build your case. And a guilty plea or criminal conviction can carry significant weight in your civil lawsuit.
A wrongful death attorney can work to identify and utilize findings from the criminal proceedings to support your civil claim.
Consult an Experienced Baton Rouge Wrongful Death Attorney Today
You absolutely can file a wrongful death lawsuit if criminal charges are also filed. The criminal charges are handled in criminal court and brought by the district attorney. A wrongful death claim is brought by the deceased’s survivors and is handled in civil court.
If you have lost a loved one due to another party’s negligence or wrongdoing, you may be entitled to recover significant financial compensation. At Chris Corzo Injury Attorneys, our wrongful death lawyers have helped secure billions of dollars in compensation for our clients.
We want to help you recover maximum compensation for your wrongful death claim. Contact a dedicated wrongful death attorney in Baton Rouge at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation.