Q: Can a civil law suit proceed if the criminal charges have not been dropped?
A: i cannot speak for Lousiana law, but typically the answer is YES. every case is different but our firm, which is very active in civil litigation in indiana and illinois, often has civil injury cases ongoing at the same time as the criminal case (often drunk driving). it has been very effective to take the video deposition of the defendant in these cases because often the defendant will take the 5th amendment. in federal court and indiana state court, the taking of the 5th is admissable in the civil case although not in the criminal case. typically civil juries do not think highly of a defendant who takes the 5th amenedment. good luck. get a local lawyer!!
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