Sometimes, families that have recently lost loved ones turn to the civil courts in pursuit of justice. When the state cannot prosecute an individual due to a lack of evidence or when the party at fault for a tragedy successfully defends against pending charges, those left behind after the tragedy may feel like the state has denied them justice.
In theory, they may be able to file a wrongful death lawsuit as a way of holding the person or business at fault for the incident legally and financially accountable. Civil lawsuits have a lower standard of evidence than criminal prosecution. Families may prevail in civil court in cases where prosecutors cannot obtain a conviction.
Some families may want to recoup financial losses in a scenario in which the state has already prosecuted the party at fault for an incident. Is it legally feasible to sue someone already convicted of a crime related to a tragedy, or does that constitute double jeopardy?
Litigation is different than prosecution
Protection from double jeopardy or repeat prosecution is important enough to be part of the Bill of Rights. Constitutional amendments protect people in a variety of criminal scenarios. The double jeopardy protections included in the Fifth Amendment ensure that the state cannot bring criminal charges against someone twice for the same specific criminal incident.
While double jeopardy protections are important, they only relate to state activity. Individuals prosecuted for a criminal offense can also face litigation in the civil courts. The state is not the party trying to demand accountability from the defendant, so double jeopardy protections do not apply.
Given that the standard of evidence is lower in the civil courts, a successful criminal case makes it quite likely for plaintiffs to prevail in a wrongful death lawsuit or survival action. Of course, presenting the case appropriately, connecting the defendant to the incident and establishing the extent of the losses incurred are all still crucial for those hoping to file a successful wrongful death lawsuit.
Grieving families may need help understanding the law and determining the best strategy for holding the responsible party accountable for a recent tragedy through a wrongful death lawsuit. In scenarios where the state has already successfully prosecuted the party at fault, plaintiffs may have a better chance of securing compensation in the civil courts.