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Originally Posted by shakran
No, she can file a civil suit without having the backing of the criminal case. A guilty verdict would help, but it's not strictly necessary. Remember OJ? Found not guilty, still lost the wrongful death lawsuit.
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Just as clarification, I meant that a criminal conviction would greatly increase the odds of success in the civil case. However, not filing criminal charges at all would be a big negative to a jury, in that it will just look like a money grab. Your OJ example tests out with this - if there hadn't been a trial, no civil jury would have found against him.
Sorry for my vagueness.