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November 9, 2007, Newsletter Issue #77: Bringing a Wrongful Death Claim after a Criminal Trial
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Tip of the Week
If the cause of a person's death could be considered a criminal act, such as in the case of murder or negligent homicide, there will often be a criminal case as well as any civil case you bring in court for wrongful death. Even if the party responsible for the wrongful death is acquitted of any criminal wrongdoing, you still are able to sue them in civil court. The burden of proof to win damages in a wrongful death lawsuit is different than that which must be proved in a criminal case, so you can still win damages even if the responsible party is not found criminally guilty.
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