Does A Criminal Conviction Increase Wrongful Death Settlement Amounts?
Yes, a criminal conviction can increase wrongful death settlement amounts in Florida. A conviction serves as evidence of fault, which can pressure defendants and insurers to settle for higher amounts. It may also support claims for punitive damages in cases involving reckless or intentional conduct, increasing the overall value of your wrongful death claim.
At Todd Miner Law, our wrongful death lawyers use criminal convictions to strengthen your civil wrongful death claims. With a Lawyers of Distinction recognition, our team subpoenas and reviews criminal court records, police reports, and conviction documents to prove intentional and reckless conduct. Call 407-894-1480 for a free consultation with our experienced wrongful death attorneys.
How Does a Criminal Conviction Affect Wrongful Death Settlement Amounts?
A criminal conviction generally increases wrongful death settlement amounts because it provides clear evidence that the defendant’s actions caused your loved one’s death. This conviction may also establish “negligence per se“, meaning the violation of a criminal law is treated as a breach of legal duty. In such cases, you can seek compensation for the following damages:
- Lost income and lost wages your loved one would have earned
- Medical bills related to treatment before death
- Funeral and burial expenses
- Significant emotional suffering of surviving family members
- Loss of companionship, guidance, and support
- Other financial losses directly caused by the decedent’s death
In one USA case documented by Justia, Chappell v. Webb, the estate of Susan Renee Chappell was awarded $40 million after a wrongful death caused by a drunk driving accident. The jury awarded $15 million for lost income, medical and funeral expenses, and emotional distress. In addition, the court awarded $25 million in punitive damages.
How Do Plea Bargains Affect Wrongful Death Settlement Value?
Plea bargains provide clear evidence of fault and reckless behaviour, often increasing a wrongful death settlement value. A plea also reduces disputes over liability, making it difficult for defendants or insurers to deny responsibility. Other than that, a plea bargain can reduce delays and legal disputes, helping your surviving family members to access compensation more quickly. However, the settlement value may change based on the type of plea, such as:
- Guilty plea: The driver admits that he caused the death, making it easier to prove liability and justify a higher settlement amount.
- Felony plea: A felony plea confirms serious criminal conduct related to the death, increasing the defendant’s financial exposure. In such cases, insurers usually offer higher settlements to avoid a civil court trial.
- Misdemeanor plea: A misdemeanor plea establishes fault, but insurers may argue the lower charge justifies a smaller wrongful death settlement.
- No contest plea: In this plea, the at-fault driver accepts punishment without admitting fault, which can reduce your compensation.
Does the Conviction Support Punitive Damages in a Wrongful Death Lawsuit?
Yes, a criminal conviction often supports claims for punitive damages in a wrongful death lawsuit. If a defendant is found guilty of reckless and intentional conduct that caused your loved one’s death, the conviction serves as evidence that the defendant acted intentionally. This can justify additional damages meant to punish the at-fault party and prevent similar behavior in the future.
Note: Under Florida law, punitive damages are capped at three times the amount of compensatory damages or $500,000.
How Does the Type of Offense Affect Settlement Value?
Offenses involving extreme recklessness can increase both compensatory and punitive damages. In contrast, minor offenses involve less severe conduct, which can lower the total settlement amount. For example, a wrongful death caused by drunk driving or violent assault often leads to higher settlements than cases involving traffic violations.
Here’s how different types of offenses can affect your wrongful death settlements:
- Vehicular manslaughter: Indicates extreme negligence or recklessness, significantly increasing settlement value.
- Second-degree or third-degree murder charges: Show intentional or violent conduct, which can result in a more favorable settlement.
- Felony assault leading to death: Proves intentional harm, increasing potential compensatory and punitive damages in a wrongful death settlement.
- Minor traffic offenses (speeding, failure to yield): Show less severe conduct, which may limit overall settlement value.
Can the Defense Still Argue Comparative Fault After a Conviction?
Yes, even after a criminal conviction, the defense can argue comparative fault in a wrongful death case. For example, if your deceased family member was not wearing a helmet, the defendant may argue that the lack of protective gear contributed to the fatal injuries. Similarly, they may claim that your loved one failed to follow traffic laws, which could reduce the total damages awarded.
To challenge these tactics, our experienced attorneysat Todd Miner Law handle all the legal process
and communication with the defendant. Since our law firm is based in Orlando, we also have strong familiarity with local courts and judges, which helps us avoid unnecessary delays in legal proceedings. Contact us for a free consultation today and secure a fair settlement.
How Does a Conviction Affect the Defendant’s Credibility in Settlement Talks?
A criminal conviction significantly weakens the defendant’s credibility in wrongful death settlement negotiations. The conviction serves as documented proof that the defendant engaged in reckless behavior that directly contributed to the fatality. As a result, courts classify your claim as “valid,” which increases your final settlement.
Does a Pending Criminal Case Delay the Wrongful Death Settlement Timeline?
Yes, a pending criminal case can delay a wrongful death settlement timeline, but it does not automatically stop the civil litigation. Criminal and civil cases are separate legal matters, and you can file a wrongful death lawsuit even while criminal charges are pending against the person responsible. However, when a criminal case is pending, courts often wait for the criminal proceedings to conclude before reaching a final settlement in the civil case.
Let Todd Miner Law Help You Pursue a Wrongful Death Claim After a Criminal Conviction — Get a Free Case Review!
After losing a loved one due to reckless or criminal behavior, you may face intense emotional and financial stress. Insurance companies also attempt to take advantage of your grief to minimize payouts or deny full compensation. During this time, disputes over liability, damages, or comparative fault can further delay the settlement your family deserves.
Our wrongful death attorneys at Todd Miner Law help grieving families like yours file wrongful death lawsuits across Baldwin Park, Tavares, and Sanford. We gather evidence such as police reports, criminal court records, and medical expenses to secure maximum compensation possible. Call us today at 407-894-1480 or visit 15 Outer Rd, Orlando, FL 32814 for immediate legal representation.
FAQs
How Is the Money Split in a Wrongful Death Lawsuit?
In Florida, the money from a wrongful death lawsuit is divided among surviving family members according to the Florida Wrongful Death Act. Under this law, a surviving spouse may recover damages for lost companionship, protection, and support. Similarly, minor children (and, in some cases, adult children) can receive compensation for lost parental guidance.
Does a Conviction Reduce the Need to Prove Fault?
Yes, a conviction can reduce the need to prove fault, but you may still have to establish civil liability. A conviction can serve as strong evidence that the defendant acted negligently or wrongfully. But, your family must prove fault under civil law standards, which require a lower burden of proof than criminal cases.
Is Wrongful Death a Felony?
No, wrongful death is a civil legal claim, not a felony. It allows surviving family members to seek financial compensation if a person dies due to someone else’s negligence. However, the same incident can lead to criminal charges. For example, if a death results from drunk driving or reckless behavior, the responsible party may face criminal charges such as vehicular homicide.
Does “Double Jeopardy” Prevent a Wrongful Death Claim After a Conviction?
No, Double Jeopardy does not prevent a wrongful death claim in Florida. Double Jeopardy only applies to criminal prosecutions, while wrongful death claims are civil lawsuits. Since civil cases have a lower “burden of proof” and a different legal purpose, your family may still file a wrongful death claim even after a criminal conviction.
Will Criminal Restitution Reduce (Offset) a Wrongful Death Settlement?
No, criminal restitution does not automatically reduce or offset a wrongful death settlement. Restitution is a court-ordered payment in a criminal case to compensate the surviving family members for death-related damages. However, in some situations, the court may deduct amounts already paid as restitution to avoid double recovery.
Can the Defendant Claim the Fifth in Civil Depositions?
Yes, a defendant can claim the Fifth Amendment in a civil deposition to avoid answering a question. But, unlike criminal trials, the court in a civil proceeding may allow the jury to draw “adverse inferences” from the refusal to answer. This means the jury can interpret the defendant’s silence as evidence that their answers might have supported your claims.
What is the Statute of Limitations to File a Wrongful Death Auto Accident Claim?
You generally have two years from the date of death to file a civil wrongful death case in Florida under Statute § 95.11. This statute of limitations begins from the date of fatality, regardless of when the accident occurred. If you fail to act within this deadline, you usually lose the right to file a wrongful death suit and recover compensation.
Can the Estate Pursue Damages if the Defendant Has No Insurance?
Yes, the deceased’s estate can pursue damages even if the defendant has no insurance. In Florida, wrongful death claims are civil lawsuits, and liability exists regardless of insurance coverage. In such cases, the estate and your surviving family members can file a claim directly against the defendant’s personal assets, such as bank accounts, property, or wages.
