Greg Bloom, an attorney at the Miami firm Chase Lawyers who represents athletes and entertainers, said he would advise Stewart to settle, even though he believes it was an accident. "I think he will end up settling," Bloom said. "If I was to advise him, I would advise the same because he wants everything to be behind him. Everyone wants this whole story to be behind him, so he can move forward professionally and the memory of the deceased can rest."
John M. Hochfelder, a New York lawyer who runs a blog and database on injury case damages in New York, said it is not uncommon for someone who is not indicted or is acquitted of criminal charges to face a wrongful death lawsuit. "All the (criminal) acquittal means is that the prosecution did not prove beyond a reasonable doubt, according to the jury, that a crime was committed," Hochfelder said. "That standard is much, much higher than the civil standard, which is a preponderance of the evidence, a tipping of the scales. We call it 'the more likely than not' standard. … (In this case), it's more likely than not that you should have been more careful and your lack of care, we conclude, caused an injury."
Michael McCann, a Massachusetts attorney who founded the University of New Hampshire's Sports and Entertainment Law Institute and also writes for SI.com, said because Stewart has a stake in preserving his reputation in order to earn sponsorship to race, he has incentive to settle this as soon as possible. "The likelihood that Tony Stewart reaches an adequate settlement is very high," McCann said. "He has reason to settle a case like this even if he believes he did nothing wrong." Sporting News