The purpose of a personal injury case is, generally, to recover compensation for the victims of negligence. The compensation that is awarded through a personal injury claim is meant to pay for medical bills, lost wages, and other expenses that were a direct result of a victim’s injuries. With the exception of punitive damages, compensation is rarely a “consequence” of the negligence, in the traditional sense that a fine would be.
Although personal injury cases are purely civil claims, negligence and criminal actions often intersect. Following a car accident, for example, the driver who caused the collision may be arrested for driving under the influence of alcohol or drugs. The people that were harmed by the offender committing that crime can also pursue civil litigation through a personal injury case and recover damages. If your personal injury claim also has a criminal element involved, there are certain elements you should be aware of to aid in the success of your case.
Identify Criminal Charges as Evidence
A person who was injured because of someone else’s negligence can have a more convincing case for recovering compensation if the negligent party is facing criminal charges. The criminal element may confirm that the defendant is responsible for the victim’s injuries. However, a successful criminal charge does not guarantee a successful personal injury case, and vice versa.
Recount Your Version of the Events
When you are involved in a civil case that also has a criminal element, you need to focus on your claim. The two cases can easily get confused, but it is important to remember they are two separate cases. You should focus on your account of the incident, and the evidence you have, without allowing the criminal proceedings to impact the civil litigation.
Contact our Experienced Personal Injury Attorneys
In the midst of a complicated legal situation, hiring a lawyer is the best thing you can do. At Pierce, Sloan, Kennedy & Early LLC, our team understands each element of personal injury claims, and can help you navigate the complexities of your case.
Schedule a free consultation on our website or via phone at (843) 968-0886.