Wrongful Death: The Most Serious Of Personal Injuries

Sometimes even homicide falls under the rubric of personal injury, referred to in civil court as "wrongful death." And even if the defendant is found not guilty in criminal court, he or she may still be held liable for the victim's death, as was former football star and "actor" O.J. Simpson.

Similarly, a Hoffman Estates man acquitted of the 2008 killing of a neighbor is now in civil court defending a wrongful death lawsuit filed by the family of the deceased (Daily Herald).

There was plenty of forensic evidence showing that 30-year-old defendant Joseph Biedermann killed Terrance Michael Hauser because he stabbed him 61 times with a knife, a fact he does not dispute. He was acquitted because he admitted to the stabbing and was able to prove to a jury that it was done purely in self-defense after Hauser allegedly came at him with a "medieval-style" dagger.

But there were no witnesses and the incident took place after the two had returned to Hauser's residence after consuming mass quantities of alcohol (Biedermann's BAC was .277 and Hauser's was .226). Biedermann says he blacked out and regained consciousness only to see Hauser towering over him with the weapon and allegedly threatening to sexually assault him.

Civil court has a different burden of proof than criminal court, though. While criminal cases require proof of guilt "beyond a reasonable doubt," civil cases only require "a preponderance of the evidence." In other words, a criminal jury has to be absolutely certain but a civil jury just has to be pretty sure. That's a big difference.

The attorney for the Hauser estate, Illinois injury lawyer Michael LaMonica, was quoted as saying "it's not about money" but the family is seeking $50,000 in damages nonetheless.