When someone is killed in an auto accident that is clearly the fault of the other driver, it can often lead to criminal charges and eventually a criminal prosecution depending on the facts of the situation. If this occurs and the defendant is ultimately convicted, it can be of great aid to the family of the person killed if they choose to pursue justice in civil court for damages. Criminal cases require the highest burden of proof possible, and when that burden is met it generally leads to a positive result in the civil case with a much lower burden.
However, waiting for the criminal process can also be not only harmful to a civil claim, but it can also be fatal. While no mention of a civil filing was made in regards to a case discussed by CBS 8 in Las Vegas, the matter brings to light the need to pursue your legal rights as soon as possible. According to the article:
“It was nearly three years ago at the intersection of Tropicana and Lindell that 63-year-old Patty Jones was killed. Witnesses say a man was speeding down the street when he hit her truck.
While the suspect faces charges of reckless driving, he has yet to see the inside of a courtroom for trial.
To make matters worse, a trial for the suspect in the case, Michael Armstrong, has been delayed more than five times. In fact, the suspect’s latest trial date was set for this week, but once again was postponed.”
You should know that in most cases, an injured party or the family of someone who is wrongfully killed has only two years to file an action before the statute of limitations expires. Therefore, if this situation sounds familiar, you need to avoid wasting time and waiting. Contact the Las Vegas wrongful death lawyers at Jack Bernstein & Associates today to schedule a free initial consultation, as it’s never too early to begin protecting the rights of the injured, as the firm has been doing for several years.
Wed, Nov 18, 2009
Car Accidents, Personal Injury, Wrongful Death