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

The COVID-19 pandemic has changed our lives seemingly overnight. We should not expect it stop short of effecting child custody disputes and possibly send them into a tailspin. Scenario 1: I...

You closed your business, or perhaps it is barely hanging on, and took a W-2 job to support your family. Then, you open your mail and find a letter from the...

People incorporate their business for two reasons: taxes and personal liability protection. When you incorporate your business you have one of two options, to become a Limited Liability Corporation (LLC) or...

Attorney Craig Penglase has been named as the Solicitor for the Bucks County Sheriff’s Office. He will serve in that role though January 2022. As Solicitor Mr. Penglase will act as...

Fear: It’s a subject that most of us prefer not to dwell upon as we grow into our senior years—the time of life when our bodies, and occasionally even our minds,...

Does it seem like the insurance adjuster is dragging his feet on your personal injury claim? It may be that the adjuster is stonewalling you – that is, deliberately delaying the...

Getting arrested for DUI in Pennsylvania can come with serious consequences. Even if it’s your first offense, a conviction can land you in jail, cost you your license for at least...

YES! Witnesses often leave the scene of a collision once they find out that no one was hurt. As such it will often come down to your word against the other...

It’s a natural question to ask a Bucks County family law attorney: Will the amount of child support I need to pay ever change? And while the short answer is “Yes,”...