When criminal intentions are involved in a personal injury case, it makes the case more complicated. When a personal injury and criminal intent are combined in a case, the approach to the cases can overlap as both criminal and civil cases can open in the court.
Although even if these cases are different types of legal proceedings, you can hire skilled lawyers who can make use of the accused person’s criminal behavior and help you get your compensation.
Many renowned law firms in the U.S.A., like Dolan Dobrinsky Rosenblum Bluestein, can help you throughout your lawsuit until you get your personal injury claim approved.
But before hiring a lawyer, understand how personal injury and criminal cases can intersect below.
How do personal injury and criminal cases intersect?
Here are a few significant pointers that explain the intersection between personal injury and criminal cases:
1. The purpose behind each case
The whole purpose of the criminal law is to punish someone who has committed a crime in the form of harming someone. On the other hand, civil law aims to provide compensation to a victim who has suffered due to danger, whether it was intentional or not. This way, even if the harm was caused accidentally, the victim can get compensation for his medical bills and damages.
2. The Burden of Proof (Evidence)
The burden of having proper proof is always higher in criminal cases than in civil cases like personal injury claims cases. When it comes to criminal cases, the prosecution is required to provide more proof to prove that the accused person is guilty as charged and can be considered no as beyond reasonable doubt.
3. The Timeline of the Cases
The Timeline of the criminal charges case can affect the personal injury case’s Timeline as it can go on for a longer period. It takes time to gather evidence in criminal charge cases.
4. Evidence gathered from Criminal charges
The evidence that is gathered for the criminal charge case can be extremely useful for the personal injury claim. The found evidence can prove that the injury was indeed due to damage caused by the accused’s action.
5. Proceedings of the cases at the same time
Both criminal and civil cases about the same incident will have proceedings at the same time. It is up to the victim to choose between pursuing a civil lawsuit or a criminal lawsuit, depending on the intention of the action.
Criminal intent and its impact on personal injury lawsuits
When a person gets injured by a criminal act, both criminal and civil cases are usually created in court. For example, if someone is intentionally attacking someone or causing harm, whether by physically assaulting them or leading to danger, they are not only breaking the law but also harming people.
The criminal justice system will try to hold the person responsible for their crime. On the other hand, the injured person can also file a personal injury lawsuit to get compensation for their medical bills, wages they lost, and other damages.
Why does criminal intent matter?
Criminal intent shows whether the person in question intentionally acted to harm someone or not. This criminal intent is important as it affects the criminal court’s views on the case as well as how the personal injury case will be built.
In the criminal court, proving the intent of the action is often considered the key to a conviction because it shows whether the action was accidental or intentional.
In a personal injury case, the fact that the harm was caused with criminal intention helps the victim receive compensation, as the criminal conviction can support the injury claim.
Conclusion
Understanding the overlap between both types of proceedings can help the victim to make an informed decision about claiming their rights and punish the accused if needed. Having a skilled lawyer by your side will make your task even easier.
