Apolinsky & Associates, LLC law firm has been recognized as a preeminent personal injury law firm that successfully handles catastrophic injury and wrongful death cases that impact individuals and their families' quality of life, income and long term health. Founder Stephen D. Apolinsky, a member of the Georgia, Alabama and D.C. Bars, has been profiled in Newsweek Magazine, recognized as a Superlawyer and as a Top 100 Trial Lawyer. He is also the creator of the free app My Injury Lawyer.
What can the family do as a result of the state not indicting the police officer in the Michael Brown incident in Ferguson, Missouri?
I am not licensed to practice law in in Missouri, and I am not offering commentary on the grand jury's decision, but if a similar incident occurred in
Georgia, the family would have the right to bring a civil claim for money damages even though the officer was not charged criminally.
Before Michael Brown, there was Trayvon Martin in Florida and before that, there was OJ Simpson in California. No one was tried and convicted for breaking the law in those cases, but civil suits for money damages were pursued. In the OJ case, a jury returned a verdict for over $30 million in favor of the victims’ families, even though he was not found criminally culpable.
Criminal and civil cases are like apples and oranges. Both are fruits, but they are very different. Criminal cases are considered crimes against the state, and
result in punishment in the form of fines, probation and incarceration. Civil cases, on the other hand, are about money damages as fair and just compensation for injuries.
I have handled many civil actions where the defendant was not charged or convicted of a criminal act, but we have been successful in receiving money
damages for the family.
The foregoing answer is not legal advice and is merely a general overview. You are advised to consult a lawyer to address your specific situation. If you have further questions or have a question for a future column then write me at steve@aa-legal.com. For more information on our firm, go to: aa-legal.com.
