One of the most common misconceptions surrounding wrongful death claims is that the personal representative of the deceased individual’s estate will not be able to file a civil lawsuit if there are criminal charges against the at-fault party. This is not true.
It is entirely possible for a person’s estate to file a civil wrongful death lawsuit even if the at-fault party is also facing criminal charges for the same death. Prosecutors are responsible for filing criminal charges, and a criminal case will not bring compensation to the individual’s estate or family. Even if a person is found not guilty, or if the charges are dropped, the alleged negligent party can still face a civil wrongful death lawsuit from the personal representative of the estate.
Additionally, there does not have to be any type of criminal charges filed against a person in order for them to face a wrongful death lawsuit. There are many circumstances where a wrongful death case will not involve criminal activity but will revolve around the negligence of another party. In these circumstances, the burden of proof is lower for the civil claim than it is for criminal prosecution. The plaintiff (personal representative of the deceased’s estate) will only have to show that it is more than likely that the alleged negligent party caused the death of the deceased.
If you have any questions about whether or not you can file a civil wrongful death lawsuit against someone, you need to speak to your wrongful death lawyer in Albuquerque as soon as possible. Even though you may need to participate in the criminal case against the other party, you need to think about your options concerning the civil claim as soon as possible. Criminal charges and the cases associated with them can drag on for years, and this could push up against the civil wrongful death statute of limitations of three years from the date of the death occurred. You need to make sure your claim is filed on time and filed properly.