Car Accidents and Lawyers to Reduce Stress

Posted on: 22 September 2016

The recent settlement of the lawsuit over the wrongful death of Sandra Bland brings partial closure to a case that's captivated the attention of the nation. Bland supposedly hung herself in her jail cell several days after a routine traffic stop turned into a racial incident that outraged millions. This case also helps illustrate what can and can't be accomplished through a wrongful death lawsuit—which is important to know if you are considering taking that action.

A wrongful death lawsuit only addresses civil negligence, not criminal responsibility.

Wrongful death lawsuits are considered a type of personal injury claim, which is a civil matter, not criminal. This confuses many people because they don't understand how someone can be found guilty of the wrongful death of another human being and still escape punishment in criminal court.

For example, while the officer who pulled Sandra Bland from her car was eventually indicted for perjury after a grand jury decided that he lied about his action, nobody was ever charged in connection with her actual death. While the civil victory essentially acknowledges the fact that her death was the result of either negligence or an intentional act, no one will ever be legally held responsible for her death in a criminal court because of it.

The different rules of court favor victory in a civil claim for wrongful death.

A wrongful death claim is sometimes the only way to hold anyone responsible for another person's death, simply because the rules in civil court favor the plaintiff more than the defendant. In criminal court, the defendant is given more protection under the law because his or her freedom is at stake. A civil victory only affects his or her finances.

In practical terms this means that civil courts are often allowed to introduce evidence that would be kept out of a criminal trial because it would be prejudicial. For example, the historical racism of police in Waller County, where Bland was arrested, might be able to be entered into evidence in the wrongful death claim to show that traffic stops are often used as a pretext for pulling over people of color.

In addition, defendants in criminal trials are afforded a presumption of innocence that is much higher than that given to defendants in civil trials. Criminal defendants have to be found guilty "beyond a reasonable doubt," while civil defendants are guilty if the mere "preponderance of evidence" indicates they are at fault for the death. That means that if there is even a 51% chance that the defendant caused your loved one's death, they can be found guilty in civil court.

Wrongful death claims can often ask for compensation other than money.

One of the opportunities that you often gain during a wrongful death lawsuit is the chance to ask for changes that could prevent someone else from losing a loved one. For example, Sandra Bland's family settled for $1.9 million in damages—but they also gained another victory: the jail will now have to have a medical professional on duty at all times and install electronic sensors that will help ensure guards actually check on the prisoners in a timely fashion. The defendants also agreed to help push for legislation that will change how jail personnel are trained when it comes to caring for inmates.

By agreeing to a settlement, the defendants avoid a costly trial, more negative publicity, and the risk that they'd lose even bigger in court. The plaintiffs gain something beyond money that may help them achieve more closure as they mourn their loved one's death.

If you're considering a wrongful death claim, talk to a personal injury attorney in your area today.