Losing a loved one is never easy, but it's especially devastating when their death was caused by someone else's wrongful actions. As you grieve this unimaginable loss, you may also be struggling to understand your legal options. What happens if criminal charges are filed? Can you still pursue a civil case?
At Pete Olson Injury Law, our compassionate wrongful death attorneys understand the pain and confusion you're experiencing. We're here to provide the caring support and experienced legal guidance you need during this difficult time. While no amount of money can bring back your loved one, filing a wrongful death claim can provide a sense of justice and much-needed financial relief for your family.
Understanding the Differences Between Criminal and Civil Cases
It's important to understand that criminal cases and civil wrongful death claims are two separate legal processes:
- Criminal cases are filed by the state and prosecuted by district attorneys. The goal is to hold the wrongdoer accountable to society and punish them for their actions. If convicted, they may face jail time, fines, and other penalties.
- Civil wrongful death claims are filed by the family of the deceased. The goal is to seek financial compensation for losses suffered due to their loved one's death, such as medical bills, funeral expenses, lost income, and pain and suffering.
The outcome of a criminal case does not dictate whether you can file a wrongful death claim. Even if the wrongdoer is not convicted of a crime, you may still have grounds for a civil case. That's because the burden of proof is lower in civil court. Prosecutors in criminal cases must prove guilt beyond a reasonable doubt, while plaintiffs in civil cases must show a preponderance of evidence—meaning the evidence demonstrates that it's more likely than not that the defendant caused the death.
Pursuing a Wrongful Death Claim While Criminal Charges Are Pending
If criminal charges are filed in relation to your loved one's death, you don't have to wait for that case to conclude before taking civil action. In fact, it's often advisable to start the wrongful death claims process as soon as possible to ensure important evidence is preserved and legal deadlines are met.
Tennessee law sets strict time limits for filing wrongful death claims, known as the statute of limitations. In most cases, surviving family members have one year from the date of death to file a lawsuit. However, it's best not to wait that long. Building a strong wrongful death case takes time. The sooner you contact an experienced wrongful death attorney, the better.
How a Wrongful Death Attorney Can Help Your Family
When you work with Pete Olson Injury Law, we handle all the legal details of your case so you can focus on healing. Our skilled Nashville wrongful death attorneys will:
- Investigate the circumstances surrounding your loved one's death to gather evidence of negligence or misconduct
- Identify all potential sources of compensation, including insurance policies and personal assets
- Calculate the full extent of your losses, including both economic and non-economic damages
- File your wrongful death lawsuit within the appropriate legal deadlines
- Negotiate with insurance companies and other parties on your behalf to reach a fair settlement
- Present a persuasive case in court, if a trial becomes necessary
Throughout the process, we'll keep you informed and make sure your family's rights are protected. We’ll seek the best possible outcome for your wrongful death claim while providing compassionate service every step of the way.
Get Help From a Caring Nashville Wrongful Death Attorney
If you lost a loved one due to someone else's negligent or wrongful actions, don't wait to explore your legal options. Our experienced Nashville wrongful death attorneys can review your case, answer your questions, and help determine the best path forward for your family.
We know you're going through one of the most painful experiences imaginable. Let us handle the legal burdens while you focus on honoring your loved one's memory. Together, we'll seek the justice your family deserves.