Lawsuits Arising From Criminal Conduct

May 3, 2010

Can My Wife Be Sued for Killing Her Father Even Though She Has Not Been Charged With A Crime?

My wife is suspected of killing her father. She did not do it, but the police are continuing to investigate the crime and she has been told she is a suspect. She has not been charged with any crime. Now, her mother and her sister say they are going to sue her for killing her father. Can they do that?

Under Tennessee law, your wife could be sued for wrongful death even if she has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.

April 24, 2010

Child Sexually Abused by Neighbor

by The Law Offices of John Day, P.C.

I just discovered that my daughter was sexually abused by a adult neighbor. What can I do about it?

First, you should call the police and report that a crime has occurred. Cooperate fully with the police department.

Second, you should take your child to a doctor for an examination. Talk to the doctor about counseling for your child. The police may also have some suggestions for counseling assistance.

April 21, 2010

I Got Beat Up. Can I Sue the Jerk that Did It?

by The Law Offices of John Day, P.C.

A guy I knew beat me up and broke my leg. I have missed time from work and have several thousand dollars worth of medical bills. This happened at his house and I know he has homeowner’s insurance. Can I sue him and get the homeowner’s insurance to pay?

The homeowner’s insurance company will almost certainly not pay for the harm you suffered. Almost all (if not all) insurance companies have a provision in the insurance policy saying that they will not pay for acts that are intended by the insured. Thus, because your leg was broken when the homeowner beat you up (as opposed to falling because a handrail on a stairway broke – an injury probably caused by negligence) – the insurance company will say they are not responsible because the injury was intended by their insured.

You can still sue the guy that beat you up but the problem is trying to collect money from him. If you win the case you can seize money from his bank accounts, take a portion of his wages over time, and try to sell his other assets. However, many times people who commit such acts don’t have assets or even jobs.