Even Without a Criminal Conviction, You Can File a Civil Wrongful Death Claim

According to the code of Alabama, a wrongful death lawsuit may still be brought to the courts regardless of whether an acquittal of the defendant, conviction, or prosecution for the wrongful act that caused the death has occurred. In a nutshell, a wrongful death claim can still be filed in civil court whether the defendant is facing criminal charges related to the death of that person or not.

However, a wrongful death case does differ from a criminal case in two key ways. Firstly, it’s a civil claim which is filed by a private party. Secondly, liability is always expressed solely in terms of damages in any civil case, while in a criminal case, the guilty party will be imprisoned or experience other penalties.

It’s important to also keep in mind that while you don’t have to have a criminal conviction to back up your civil wrongful death claim, it can’t hurt things. You’ll still have to establish the negligence of the at-fault party in court, but a conviction in criminal court for the act in question can be a big help in that endeavor.

For more information on this topic, check out - andget in touch with a qualified and experienced wrongful death lawyer in Alabama.