North Carolina Wrongful Death Attorney

ASK THE LAWYER: Being tried in criminal and civil court not double jeopardy

By Ron Sokol

Q: I thought double jeopardy prevented being tried twice for the same offense, but I have read where someone who was driving his car is held criminally responsible and punished for causing the death of another person. But the same person is sued for money damages in a civil case. Why isn't that double jeopardy?
- R.M., Gardena

A: The Fifth Amendment to the U.S. Constitution prohibits being tried twice for the same criminal offense. This means (a) no second prosecution for the same offense after acquittal; (b) no prosecution for the same offense after conviction; and (c) no multiple punishments for the same offense. The Fifth Amendment does not preclude a civil case, which seeks monetary damages. Thus, even though O.J. Simpson was acquitted in his criminal trial related to the murders of Nicole Brown and Ronald Goldman, a successful civil case was taken to trial against him for wrongful death (and substantial money damages were awarded).

Q: Why can't you sue for punitive damages in a wrongful death case? - N.C., Lakewood

A: Punitive damages are available to set an example, and to punish someone who has engaged in particularly egregious conduct that harms another. If the victim dies, it is said that the punitive damages do not serve their purpose (i.e., the rationale for punitives dies with the victim). This view has never quite held water with me, but that is the explanation. In a wrongful death case, however, a survival cause of action may be appropriate as well. The survival claim allows those with standing to sue to seek punitive damages if the victim lingered and therefore suffered greatly before expiring.

Q: If a person is drunk while driving and causes the death of another, but has auto insurance, is the insurance company still going to pay money to the victim's family? - W.M., Marina Del Rey

A: An insurance company can deny coverage to an insured if he or she engaged in willful or intentional misconduct. The insured may insist, however, that he was not drunk, or claim that even if DUI, the outcome of the incident was neither intentional nor willful. The automobile insurance company is entitled to take a reservation of rights.

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You're probably here because you lost a loved one in a wrongful death accident and we're here to help.

Losing someone you deeply care about in a sudden, unexpected wrongful death accident is one of the worst events anyone can go through in life. You may be inundated with questions like, "Who do I call first?" and "How do I get everything, from organizing the funeral to filling out all appropriate insurance forms, done properly?"

Let us take some of the burden off your shoulders. You should focus on dealing with your loss and spending time with family. We can help with the paperwork and consider any legal claims that need to be made against the person or company which caused the wrongful death accident.

Our attorneys possess real litigation experience and are licensed in multiple states including Virginia (VA), West Virginia (WV), North Carolina (NC) and beyond.

Our law offices are in Virginia Beach and Hampton, Virginia (VA). We are capable of handling wrongful death claims in every court in Hampton Roads, including Norfolk, Portsmouth, Chesapeake, Suffolk, Newport News, and Williamsburg, Virginia. We provide free legal advice for new clients from all over VA, including from injured patients in cities like Richmond, Alexandria, Winchester, Harrisonburg, Roanoke, Emporia, and Charlottesville, Virginia. We also have an office in Elizabeth City, North Carolina and will handle cases in such places as Charlotte, Greensboro, Asheville, Wilmington, Raleigh, Fayetteville, Greenville, and Rocky Mount. We will help you wherever you are in the VA/NC area.

Call our office to discuss your legal options at 1-800-752-0042 or 757-460-7776.

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