If the person responsible for your loved one’s death is found not guilty in a criminal trial related to the accident or incident, you may still pursue a wrongful death lawsuit against them.
A wrongful death case is separate and distinct from a criminal homicide case, even though both can arise because of the same person’s death. In a criminal homicide case, the government tries to prove that someone unlawfully caused another person’s death. If that person is found guilty, they could go to jail or face other punishments. A guilty verdict in a criminal case requires proof beyond a reasonable doubt, which is the highest standard of proof.
In a civil wrongful death case, the surviving family members or the personal representative of the deceased’s estate sue to get money for their losses. The standard of proof for civil cases isn’t as strict; you only need to show that it’s more likely than not that your claims are true. While the defendant can be found not guilty in a criminal case, they can still lose a civil case because of the differences in the required standards of proof.