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

In an ideal world, every child custody agreement would benefit the children as well as the parents. Yet such a result is less common than most assume. Plenty of parents will...

There’s a reason so many of us fail to write a living will while we’re still alive. Considering our own death can be a terrifying thing. But if you’re reading this...

One of the most important things for you to do is to keep an accurate record of your medical bills. This is how you do it: a. Ask for a medical...

If you reach the point where you are unable to make decisions regarding your medical care due to advanced age, an accident or an illness, a living will, trust and durable...

The Hidden Dangers of Misusing Prescribed Medications Prescription drug abuse, though often overshadowed by illegal drug cases, carries significant legal consequences that can affect every aspect of a person’s life. From...

Managing family dynamics is difficult enough without having to deal with the extra complexities of addiction and rehabilitation. The stakes in family court cases can rise dramatically when substance misuse is...

All parents consider their children’s well­being a top priority, and it is often the foremost thought on parents’ minds as they separate. Parents who are sensitive to children’s needs and can...

You’ve been injured: What do you do now? One of the first and most important things you can do is to find the “right” personal injury attorney PA. But how do...

In many cases, a divorce can be a cantankerous and highly contested proceeding. Combine personal egos with concerns about the two parties’ assets and the questions about custody of the children...

Unfortunately, in many cases, the person or persons responsible for the inci­dent may not tell the complete truth about the incident. It is human nature for many people to deny liability,...