Wrongful Death Lawyer Virginia Beach

Imagine a middle-class family living in Virginia Beach. We’ll call them the Taylor family. They were going about their regular lives as any other family might. Their son, Derek, had just turned twenty-one and was driving home from a friend’s house when a drunk driver ran a red light and crashed into him. The impact was devastating. Derek was rushed to the hospital but succumbed to his injuries hours later.

As the family struggles to deal with the pain of losing Derek, they want to see justice done. They hear the driver is facing criminal charges for DUI and vehicular manslaughter, which makes them feel a little better. But as the weeks pass, more difficulties arise. There are Derek’s leftover medical costs, as well as the funeral costs to deal with. They wonder if they can do anything to recover from their financial and emotional losses.

Will the criminal case help with this, or do they need to take some other action?

Our Virginia Beach wrongful death lawyers often get questions about this type of situation. At Shapiro, Washburn, & Sharp, we can help clear up the confusion surrounding the difference between criminal and civil cases. Call us at 833-997-1774 for a free consultation.

What’s the Difference Between Criminal and Civil Cases?

It’s understandable that a family like the Taylor family may believe that when criminal charges are filed against the person responsible for their loved one’s death, that is the only legal action that is necessary.

A criminal case, however, focuses only on punishing the wrongdoer for breaking the law. Such a case has nothing to do with helping the victim’s family, outside of allowing them to see justice done.

In a case like Derek’s, for example—a DUI resulting in a fatality—the commonwealth attorney or assistant commonwealth attorney might charge the driver with vehicular manslaughter or involuntary manslaughter. If the driver is convicted, they may face jail time, probation, or fines. These consequences punish the driver, but they do nothing to help the family deal with medical expenses, funeral costs, or pain and suffering.

This is why the family should contact a wrongful death lawyer to file a civil wrongful death claim. Unlike a criminal case—filed by the commonwealth attorney—a wrongful death lawsuit is filed by the surviving family members. Even if the driver is found guilty in criminal court, the family can still pursue a wrongful death claim.

What if Derek’s driver is acquitted of criminal charges? The family can still pursue compensation in a civil case. This is because the burden of proof is lower. In a criminal case, it must be proven beyond a reasonable doubt that the driver was guilty. In a civil case, the victim and their attorneys can present a powerful argument supported by evidence that shows the at-fault party is liable for damages.

Commonwealth attorneys represent the government when they file criminal charges—they don’t represent the victim’s family. Our wrongful death attorneys at Shapiro, Washburn, & Sharp represent family members in civil wrongful death claims. We fight to recover damages for families to help pay for medical expenses, funeral costs, and pain and suffering.

Can a Wrongful Death Lawsuit Proceed While Criminal Charges are Pending?

Let’s say that in Derek’s family’s case, the criminal case against the driver is ongoing. Can they still file a wrongful death case?

This depends on a few factors, mainly to do with the severity of the criminal case and whether the prosecutor believes the civil case will interfere with the criminal proceedings.

If the prosecutor believes that the wrongful death lawsuit will not interfere with the criminal investigation, the case will be allowed to proceed. If the driver had a high blood alcohol content and the criminal case is straightforward, for example, the prosecutor is unlikely to object to a civil lawsuit filed at the same time.

If the criminal case is more serious or complex, though, prosecutors may request that civil attorneys delay proceedings to prevent witness interference. If a defendant is charged with first-degree murder, for instance, and the family files a wrongful death lawsuit, the prosecutor may request that the wrongful death case be paused to prevent cross-examination conflicts.

This can be helpful to the family in the end, particularly as some evidence used in a criminal case may not yet be available to civil attorneys. Maybe the prosecutor has surveillance footage or toxicology reports that the civil attorneys need to present a strong case, but they can’t access it until the criminal case has concluded. In that situation, it’s better to wait for that evidence to be released.

How Can a Wrongful Death Attorney Help?

Trying to obtain compensation while a criminal case is going on can be confusing and overwhelming. If your family is facing this situation, contact us at Shapiro, Washburn, & Sharp today.

We will look at the facts of your case and help you determine what you can do. Even if we feel you should wait on actually filing a wrongful death claim, we can still begin preparing it so that you can file it as quickly as possible once the criminal case is resolved—or once the prosecutor allows other claims to move forward.

Keep in mind that Virginia’s statute of limitations is typically two years from the date of death, so if you fear that a criminal case may take a long time, check with us right away. You don’t want to miss your window of opportunity to file a claim. We can help ensure your rights are protected, as we did for the family of a 25-year-old who was killed on the road. We helped negotiate a $3.5 million settlement.

We serve multiple locations, including Virginia Beach, Portsmouth, Hampton, and Chesapeake.

 

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