Part of the reason that a wrongful death civil suit can succeed when criminal charges either don’t stick or can’t be proven is that there are significant differences between the two types of cases and legal processes.
The legal “burden of proof” differs markedly. The “burden of proof” of guilt in criminal trials is “beyond a reasonable doubt,” whereas for civil cases seeking monetary compensation the “burden of proof” is whether the defendant’s probably was negligent and whether the negligence probably caused the death. This is hardly a trifling semantic distinction, but rather a very substantive difference. Also, in civil cases a defendant cannot “take the fifth” to avoid self-incrimination, and any refusal to answer a question can be taken into consideration by a jury during its deliberations.
What Others Are Saying
Every state has a time limit known as the “statute of limitations” for wrongful death cases, and Massachusetts is no exception. For that reason and many other reasons including gathering evidence while it still exists and while memories are fresh you should take action immediately. The first step with a complex matter such as a wrongful death suit is to consult with a trained, experienced lawyer who has expertise with such type of cases. Here at the Injury Law Office of Robert W. Shute, Atty. Shute has over 25 years of experience handling personal injury suits in Western Massachusetts, including successful wrongful death claims.
Attorney Shute welcomes your call. 413-437-7788– Days, Evenings or Weekends for your Free Consultation to discuss compensation for your injury with Atty. Robert Shute, personally.
Free Case Evaluation
Call Northampton Wrongful Death Atty
Robert Shute now for your Free Case Evaluation:
413-592-0999 or 413-437-7788, Day or Evening.