Following this question, which is part of a chain of interesting posts exploring the use of civil actions to force liability insurers to pay for unintentional torts of their insureds: Suppose a person wishes to lose a lawsuit for "wrongful death" in order to benefit some third party (e.g., the kids orphaned by an accident in which the policyholder was involved but not charged with any crime).

The person wants to establish liability for wrongful death, but does not want to risk a charge and conviction for the crime associated with that tort: involuntary manslaughter.

Can the civil trial be conducted in such a way that any concessions or evidence supporting the wrongful death verdict cannot be used against the person in a criminal trial, should at any later time a prosecutor decide to pursue the charge of involuntary manslaughter?

Are there any reliable means of presenting testimony at a civil trial that allow it to be excluded, refuted, or disclaimed in a criminal trial (without committing perjury)?

  • I'm not exactly sure I see the difference in this question from the original one; the only difference appears to be asking for explicit advice of what one must do in the exact set of circumstances (as opposed to a more passive original question), which, IIRC, appears to be offtopic, as this is basically asking specific legal advice.
    – cnst
    Oct 17, 2015 at 5:11
  • @cnst - I don't quite follow: Are you saying this question appears to be asking for specific legal advice? If so: I picked a "strong" hypothetical to illustrate the titular question (and to relate it to the "inspiring" Q&A), but the hypothetical could be any tort with a potentially associated crime. As for differences between the two: This focuses on what theoretical mechanisms exist to avoid what was suggested in the title of the "inspiring" question.
    – feetwet
    Oct 17, 2015 at 13:57
  • @feetwet, I'm confused when you say "sue themselves for wrongful death". Is that what you intended to say?
    – gracey209
    Nov 3, 2015 at 17:44
  • 1
    I read policies all day long and I've never seen one that would allow this.... And my JOB is finding extra coverage....my guess is that it ends up getting appealed again to the state Supreme Court, where it'll be overturned. It's ludicrous
    – gracey209
    Nov 3, 2015 at 18:59
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    @gracey209 - That sounds like a good start to answering this question as clarified. And we should take your earlier explanation and work it into your answer to the previous question. I'll take a shot at the latter and you can rollback or refine when you have time.
    – feetwet
    Nov 5, 2015 at 13:58


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