My best friend was recently killed by a drunk habitual offender with a long criminal record, driving 60 miles an hour on 25 mile residential street. The DA has offered a plea, he will only be facing 75 months if accepted (nothing for all the heartache he has caused). Can the family file a civil case for wrongful death against the County and accused, because of his long record, he should of never been out of jail to begin with. I want to see him suffer like he has made all of us suffer, what can we do.

fredg

Hi,
I am sorry to read this, due to drunk drivers being let off in many states, without full prosecution.
I would get a Lawyer, and get some Professional advice on how to proceed.
You probably can't sue the county, but there is a chance you can sue the offending person, and get more jail time for him. Please get a lawyer.
I do wish you the best.

ScottGem

First I disagree with Fred, about getting more jail time. A Civil case has nothing to do with jail time.

However, there is a strong possibility that a civil wrongful death suit can be filed. Especially if he pleads guilty or is convicted. The negative there is whether the person has insurance or any money to pay a suit. But many attorneys will take such a case on contingency if they think there is a good possibility of winning. So definitely speak to an attorney or two

fredg

Hi,
I agree with ScottGem's "disagreement" about a Civil Case not resulting in jail time.....sorry about that.
Upon your lawyer's advice, there might be some considerable money you could sue for, in a civil case; resulting in much hardship toward the person eventually.
That would be up to your lawyer.

Fr_Chuck

First of course you can put pressure on the DA not to deal. But depending on how strong a case they have, if any evidence was tainted somehow, often a deal is made just to keep the court calenders clear.

And to the sentence 6 plus years on manslaughter ( or what the charge is called in your state) is about what most get, I know it does not seem long enough. And for past drinking and driving, often people see no jail time at all for the first several convictions if they have good attorneys.

You can not sue the DA or the courts, they are protected and can make any deal they want to.

You can and should always sue in civil court for money damages for any death that is caused by someone else.

** note as in OJ trial, criminal court found him not guilty, so he never served any jail time. But civil court awarded the family lots of money.

CaptainForest

Him pleading guilty will be a good thing.

In criminal court, if one is guilty, then he is guilty beyond ALL reasonable doubt.

In civil court, the winner is simply who is believed more (so 51%)


OJ Simpson. The jury was not 100% convinced he killed his wife, so he was therefore found not guilty in the criminal court.

In the civil court, they found him 60% or so responsible, so therefore, he was “guilty”


The point:
Since this guy plans to plead guilty, then that is a 100% assurance. So a civil suit should easily be successful.

Fr_Chuck

Was that the vote in Oj's civil trial, 60 percent ? I though I heard it was higher,

But on the criminal case ( being a state certified investigator myself) I just could not believe the problems they had in the case, difference in evidence photos ( some before and after showed difference in "evidence" if I remember right)

CaptainForest

I have no clue. It could well have been.

I was just saying 60% or so, in the end it doesn’t matter…I was trying to make a point in that case in terms of the differences between civil and criminal courts.