Plea deals are a huge part of our criminal legal system. People take plea deals all the time for cases that leave the victims with massive expenses or even a death in the family. Take a February 2024 plea deal in a deadly Long Island car crash where the driver’s actions killed two of her friends. The families of the victims have expressed anger and frustration at the deal that gave the driver only 3-9 years for causing two deaths. But is there more that can be done?
Criminal law is not the be-all and end-all of seeking justice for something that happened to you. Civil law also permits victims and their families to file lawsuits to recover compensation – something that the criminal justice system does not focus on. If there is a guilty verdict – or better yet, a guilty plea – then that can be used to help you win your civil injury or wrongful death lawsuit in most cases.
Civil vs. Criminal Cases for Death and Injury
Criminal law deals primarily with punishing a wrongdoer for what they did. When the government brings their case against the defendant, the result is often jail time and high fines, but little for the victim. Our civil system picks up where the criminal system leaves off, helping victims get compensation for what happened to them and their loved ones.
When someone punches you, you can call the police and get them arrested for assault, but you can also sue them for assault and battery. Similarly, if someone hits you with their car, there may be traffic tickets or even DUI, reckless driving, or vehicular manslaughter charges involved, but our Long Island car accident lawyers can also help victims file car accident lawsuits for their injuries or for a loved one’s death.
The conduct that is illegal under criminal law and civil law often overlaps, but civil law tends to have a much lower standard in a few ways. First, the usual civil case is usually going to be based on “negligence” rather than intentional action. While you can sue for something intentional like assault and battery, wrongful imprisonment, or intentional infliction of emotional distress, most injury cases are going to be based on a claim that the other person made a mistake and accidentally caused your injury. Second, while the criminal case needs to be proven beyond a reasonable doubt, a civil case only needs to be proven “by a preponderance of the evidence” – which is basically an “over 50%” standard.
Suing Someone After Criminal Charges for a Deadly Car Crash
If someone kills your family member in a car crash, they will potentially face criminal charges. Whether those charges are issued for drunk driving, vehicular manslaughter, reckless driving, or some other traffic violation, there can be a separate civil lawsuit to sue for the death itself.
Types of Cases
In a civil case, you file two types of lawsuits: a wrongful death lawsuit and a survival action. These are both based on the same claim that the driver violated a law or otherwise breached their duty to drive safely, resulting in death. In the wrongful death lawsuit, the family members sue for the effects the death had on them, such as lost income or lost inheritances their loved one would have provided if they’d lived. In the survival action, the deceased’s victim’s estate
recovers compensation for medical bills, pain and suffering the victim experienced before death, and lost wages from before the victim passed.
The criminal and civil cases are separate. Each is filed by different parties in different courts, but they work together. In the criminal case, the state brings charges against the defendant and tries the case before a jury in a criminal court. In the civil case, representatives for the deceased bring the lawsuit in civil court, where they can also put the case before a jury. However, the criminal case is usually expected to go first.
Goals of Criminal vs. Civil Cases
Remember that the main goal of these cases is different. In criminal court, the law seeks to punish the defendant for what they did or perhaps help to rehabilitate them and prevent future crime. In civil court, the goal is to put the victim back in the position they were in before the accident by repaying their expenses and bills. In the case of a death or injury, you cannot reverse what happened, so monetary damages are issued instead. However, NY law does not allow
damages for your family’s grief after a death, except in limited situations where minor children can get lost companionship damages.
Note that criminal courts often issue “restitution,” but this is likely not enough to pay for your full damages, especially in cases of homicide, manslaughter, or other illegal killings.
How a Plea Deal Actually Helps Victims File Civil Lawsuits
Criminal cases usually go first for a couple of important reasons. For one, if the defendant is found not guilty in criminal court, you still have a chance to file your civil lawsuit since the burden of proof is lower, and you can win in civil court where the government lost in criminal court. Second, with all of the evidence presented in criminal court, you can get a look at the case and use anything that is presented or decided there in your civil case. If the defendant pleads guilty or is found guilty, the verdict can help you win your civil case.
While it may seem like the victim “got away with it” if they end up with a low sentence after a plea deal, the plea deal will usually require them to admit to the crime. This means that when it comes time to sue them in civil court, there is a confession to the crime on record.
Some defendants will seek to avoid this by entering what’s known as a “nolo contendere” plea, a “nolo” plea, or a “no-contest” plea, where they accept the punishment without admitting guilt.
This would allow them to avoid admitting fault so they can later defend themselves in civil court without having a guilty plea used against them. However, many prosecutors who know that the victim’s family is looking to sue will not accept nolo pleas and will only accept an affirmative guilty plea.
Plea Deals Can Help Provide Justice Too
If there is an admission of guilt as part of a plea deal or a finding of guilt in a jury verdict, that can be used to help you win your civil case. Since the issue was already decided by a court or confessed to, you do not need to prove it all over again.
While the plea deal might help the victim avoid some jail time, you can still seek justice for what happened in civil court by using their plea against them in a claim for damages to help you and your family move forward.