If you have recently lost a loved one or family member because of someone else’s negligent or intentional acts, then you may be confused about the legal processes that can stem from that act. According to Santa Barbara Wrongful Death attorney Emery Ledger of Ledger & Associates, when someone dies as a result of someone else’s acts or omissions, then they can be charged criminal AND/OR they can be sued in a civil wrongful death case. So what are the two actions and how do they affect the surviving family members?
There are an endless number of scenarios wherein a personal could be held criminally and civilly responsible for the death of another person – the most famous recent example being the death of O.J. Simpson’s wife Nicole Brown Simpson. If you are old enough to remember, he faced both criminal charges for her death as well as a wrongful death lawsuit by her surviving family members. A more common example is in a car accident where the driver of the other car was intoxicated at the time of the accident and the accident caused a death of another driver or passenger. The intoxicated driver can be arrested and face criminal charges for the death that was caused by his actions. In this case, a prosecutor will look over the case and the facts and determine whether to charge the driver and if he is charged what to charge him with. Under the criminal justice system, the State of California will have to prove beyond a reasonable doubt that the driver violated a criminal law in order for the driver to be convicted, says Santa Barbara wrongful death attorney Emery Ledger. This standard of proof is the highest standard of proof used under the laws of the United States and is usually interpreted to mean somewhere around 95% certain.
Another option under the same set of facts is for the surviving family members to file a wrongful death lawsuit. Unlike criminal charges, a wrongful death lawsuit is filed in civil court and the burden of proof is not the same. According to Santa Barbara wrongful death attorney Emery Ledger, in civil court, you must only prove beyond a preponderance of the evidence that the driver was responsible for the death of the decedent. While legal scholars, judges and lawyers have wrestled with a numerical percentage to attribute to this burden for centuries, most agree that it is more than 50% certainty but significantly less than the higher “beyond a reasonable doubt” standard.
So what does this mean for you? It means that even if the responsible party in your loved one’s death is facing criminal charges, you may still file a civil wrongful death lawsuit. It also means that even if they are not convicted on the criminal charges, that you may still win in a wrongful death lawsuit. Seek the advice and counsel of an experienced Santa Barbara wrongful death attorney if you are uncertain what options you have in your specific situation. Santa Barbara wrongful death attorney Emery ledger can be reached at his office at Ledger & Associates through his website at www.ledgerlaw.com or at 1-800-300-0001.
