Can I Still Sue Someone After a Verdict in a DUI Case?

Can I Still Sue Someone After a Verdict in a DUI Case?

The American justice system is unique in the world, as the 5th amendment clearly states that no person shall be prosecuted twice for the same crime. This is important, as it prevents the government from punishing someone found not guilty of a crime by continually trying them in order to get the results it desires.

Most people then think that if someone is acquitted in a criminal case, that is the end of the story and justice has been served. This is true in the strictest sense of the law, as the 5th amendment prevents the government from trying someone again in a criminal setting for criminal punishment.

What that doesn’t mean is that you can’t sue someone that killed someone you love in a drunk driving accident in a civil court. Civil courts cover the realm of law that deals with interactions between people, and if someone you love was killed in a DUI accident you can often sue the person responsible for wrongful death or other associated claims.

There have been many famous cases where this aspect of the law has been applied, and not just in DUI accident situations. Perhaps the most famous one is the O.J. Simpson trial. While the criminal courts found him not guilty of the murder of his two victims, a civil court found him responsible for their wrongful deaths, and awarded their families a significant financial settlement to compensate them for their loss and pain and suffering.

If this seems like a contradiction, it’s not. The law looks at it as if the criminal aspect and the personal aspect of a certain act as two separate parts of one whole. The criminal courts did not prove that the person in question acted criminally, and thus they have no legal ability to punish …

Read more
How to Win Big in Court

How to Win Big in Court

You want to win big in court. Guess what – so does the other side! They may not have your tools, though.

When you go to court, you have only one thing you want at the end of the case – a court order.

Everything else is fluff and filling. If you go into court with a complaint against your neighbor and you spend a lot of time talking about the angry looks he gave you while you walked your dog or his pot shots at your kids when they went past his property, if these are not part of your petition, you are setting yourself up to lose.

You need to keep your eye on the ball, so to speak.

A complaint in law has certain specifications identified in the law. For instance, if you want to bring a complaint regarding someone taking your property and using it as though it was his own and preventing you from using it, which materially affected you so you can set a monetary value to the damages, this is called “conversion.”

To prove conversion in court, you must establish that the property is yours, that the property was deliberately taken and used by the defendant, that you were deprived of the property and its use, and this deprivation was damaging to you. These four elements must be present to prove your case.

If you go to court and instead spend all your time talking about how rude the guy was, but do not prove either that the property was yours or that he refused to allow you the use of it, you have wasted your time in court and he could very well win this case. All he really has to do is deny your allegation and the burden of proof is …

Read more