Legal Question in Civil Rights Law in California

Re: wrongful death suit

It's possible that the defendant is still civilly liable, as the burden of proof is different in each case.

To be found guilty of murder, the jury must find proof beyond a reasonable doubt.

However, to be liable for wrongful death, the jury need only find proof by a preponderance of the evidence. That means they have to find that there is at least a 51% chance that the defendant is liable for the death of the victim.

Because these burdens of proof are different, the criminal acquittal does not preclude a civil lawsuit.

Re: wrongful death suit

File away. If you can prove the civil case, you will win. The standards of proof are lower in civil than criminal cases. You've posted to California attorneys, if that's where the case is, and if the defendant actually has money and assets to collect against so that a case makes economic sense, feel free to contact me if serious about pursuing it.