Join our newsletter.

When Torts and Crimes Meet

When a person injures you the law calls it a “tort.” When a person breaks a law created by the legislature it is called a crime.

Most people who are harmed or injured when a crime is committed don’t realize that a tort has also been committed.

Because of this, you have the ability to sue the defendant even though they were also prosecuted for the crime. Thus when you are injured due to a drunk driver hitting your car you can sue for your personal injury.

Many personal injury attorneys rush in and file suit against the defendant while the criminal prosecution is ongoing. This is a mistake. By doing this the attorney has weakened the criminal case, and in turn weakened the civil case.

By filing a civil case, an opening is created for the defendant who can now attack the credibility of plaintiff. When the plaintiff testifies in the criminal case, the defense attorney will portray the plaintiff as being interested only in money. They will tell the jury that the plaintiff shaped their testimony to make the civil case better. If the criminal case falls apart, the civil case is weakened. In Pennsylvania, a criminal conviction for DUI is negligence per se in the civil case.

Its best to hire a personal injury attorney who is familiar with criminal law. Your attorney should work closely with the prosecutor and let them know that they will not file a civil case until the conclusion of the criminal case.

If the attorneys work closely they can often share information which will strengthen both cases. Many times the civil attorney can even get a statement from the defendant as part of a plea bargin in the criminal case.

The PA personal injury attorney should attend all criminal proceedings where they can interview other witnesses, gather information and maybe even listen as the defendant testifies.

By working together both cases are strengthened.

Related News & Articles

We all think about our futures, but how much thought do we put into what happens to our assets when we’re gone. Dying – or becoming permanently incapacitated — without having...

More than a million people are arrested each year for driving while under the influence, an offense that can impact not only your ability to drive but also your reputation and...

Whether it’s Google or the corner grocery store, every business needs a lawyer. “Wait a second,” you might be saying. “I can see why Google would need a lawyer. Facebook, sure....

I hope you have a good lawyer.” Those are usually pretty ominous words. But when you own a business, those are words to live by. It’s not that you’re automatically in...

There are many myths and misconceptions about the criminal justice system. The more a defendant knows about how the system actually works, the better he will be able to assert his...

Medicare, Welfare and most health insurance companies have the right to be reimbursed for any medical benefits paid on a liability claim in which a third party is at fault and...

Why is it that so many of us leave this world without ever having written a living will? That’s actually a fairly easy question to answer: Very few of us like...

Nothing can be more stressful than finding out that the IRS wants to audit your taxes. In recent years the number of IRS audits have been declining. In 2019 only .45%...

In the modern world, as families change and adapt, there’s an increased likelihood of children experiencing life in two homes. Whether it’s due to divorce, separation, or other circumstances, it’s essential...