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The Impact of Vehicular Homicide Convictions on Civil Liability
In Wisconsin, if you have been convicted of the crime of vehicular homicide, your liability may not end with the conviction. You may also face a separate civil lawsuit related to the conduct that led to the vehicular homicide conviction. This civil "personal injury" lawsuit may be brought to recover damages if you were convicted for the crime. A Wisconsin personal injury defense attorney can represent you if you are facing a civil lawsuit related to your vehicular homicide conviction.
What Is Vehicular Homicide in Wisconsin Criminal Law?
Under Wisconsin criminal law, vehicular homicide occurs when a driver causes someone’s death while operating a motor vehicle. A driver may be convicted of vehicular homicide by negligent operation of a vehicle law when they "cause the death of another human being by the negligent operation or handling of a vehicle," or for vehicular homicide caused by driving under the influence of drugs or alcohol.
Can You Be Sued in a Civil Case If You Have Been Convicted of Vehicular Homicide?
In short, yes. The law allows a person to be sued in the civil court system for the same conduct that also forms the basis of a crime for which they were convicted. In a criminal case, the prosecution will file the charges and prosecute the case against you. If convicted, you may face both jail time and monetary penalties. In a civil case, a plaintiff (usually a private person, like a spouse or child of the deceased) may sue you for monetary damages. If you are sued in a civil case the "plaintiff" will sue you, and you will be called the "defendant."
What Civil Suits Can You Face After a Vehicular Homicide Conviction?
The type of civil lawsuit you may face for your vehicular homicide conviction will vary depending on the circumstances of your case. However, usually, the family of the deceased will file a personal injury lawsuit to recover their losses for the deceased’s death. The aim of these lawsuits that impose civil liability for criminal convictions is to make the family "whole" again, at least financially. There are two main types of civil lawsuits usually filed after vehicular homicide convictions.
Wrongful Death Claims
In a wrongful death case, the deceased’s family may seek damages for any or all of the following:
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Emotional suffering
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Loss of financial support
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Loss of companionship
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Loss of inheritance
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Funeral and burial costs
In order to make their case, the plaintiffs must show evidence to prove that you were negligent in the operation of the motor vehicle, that negligence caused the person’s death, and that the death caused harm to the surviving family members.
Family members who may sue for wrongful death include the deceased person’s:
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Spouse or partner
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Children
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Grandchildren
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Siblings
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Grandparents
Survival Claims
The deceased person’s family may also file a survival claim related to their death. This claim is filed by the deceased person’s estate rather than by individual family members and it seeks to compensate the family for damages the deceased would have received had they survived the accident. The types of damages sought in a survival claim include damages to make up for:
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Medical bills received between the accident and the death
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Lost wages the deceased would have received from the time of the accident to the time of their death
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Physical pain and anguish suffered between the accident and their death
The plaintiff will aim to prove negligence, pain and suffering, and financial damages.
How Long Do Plaintiffs Have to File a Suit?
This will depend on the type of claim that the deceased person’s family seeks. In Wisconsin, the statute of limitations for wrongful death caused by vehicular homicide says that a person has two years following the death to sue for civil liability. Survival action claims are subject to a three-year statute of limitations, also from the time of the person’s death.
What Is the Difference Between Criminal Restitution and Civil Damages?
In a criminal case, a judge may impose financial sanctions in the form of restitution to the family of the deceased to reimburse family members for the economic loss that resulted from the crime. Restitution is separate from the damages that may be awarded in a civil lawsuit arising out of a vehicular homicide conviction and does not include non-economic losses such as pain and suffering.
If a plaintiff wins a civil lawsuit based for losses related to a vehicular homicide, they may be awarded damages for both economic and non-economic losses.
How Does a Criminal Vehicular Homicide Conviction Affect a Civil Case?
It is important to remember that the fact of your criminal conviction for vehicular homicide is not enough by itself for plaintiffs to win a civil lawsuit against you. They must prove other elements of a civil claim. However, the conviction does have an impact on the civil case:
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The burden of proof: The burden of proof for the plaintiffs to prove their civil case is lower than in a criminal case. A conviction or guilty verdict can shift the burden of proof to require the defendant to disprove the claims.
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Collateral estoppel: Sometimes under this legal doctrine, also called issue preclusion, findings of fact made in the criminal case may be binding on the civil case, making it easier for the plaintiffs to prove their case.
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Damages: A conviction can serve as evidence that your actions directly caused the harms claimed in the civil suit.
Can the Same Attorney Represent You for Both the Criminal and Civil Cases?
Although the same attorney may represent you for both criminal and civil cases arising out of the vehicular homicide conviction, it is preferable to hire an attorney who is experienced in each particular area of the law. However, it is possible to hire the same law firm to represent you in the case if your law firm has a team of attorneys who practice criminal law and personal injury law. At Gimbel, Reilly, Guerin & Brown, LLP, we have attorneys with essential knowledge and experience in both criminal and civil law as it relates to vehicular homicide cases.
Contact a Milwaukee, WI Personal Injury Lawsuit Defense Attorney
If you are facing a personal injury lawsuit related to a charge or conviction for vehicular homicide, the attorneys at Gimbel, Reilly, Guerin & Brown, LLP have the expertise to defend you against these serious allegations. Our Milwaukee, WI civil litigation defense attorneys understand the importance of knowledgeable representation in wrongful death and survival matters. Contact us at 414-271-1440 for a consultation to learn about your options today.
