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 Pennsylvania, individuals who either plead guilty to a crime or are found guilty of a crime following a trial are often sentenced to a period of incarceration in a jail...

Are you considering filing for Chapter 7 bankruptcy? Understanding this process is key to a fresh financial start. Chapter 7 offers a chance to clear overwhelming debts through a liquidation process....

You have been pulled over for a driving infraction and the officer asks if you have been drinking. You were already nervous from being pulled over; now you are terrified. You...

Your lawyer will discuss the payment of your medical bills in detail with you. In summary, your medical bills may be paid by one or more of the following methods: a....

This is an unprecedent period of time as the COVID 19 virus continues to affect lives and businesses across our nation. There are many people who count on you every day;...

Bad things occasionally happen to good contract parties. Let’s assume you’ve done everything right in the negotiation process. You’ve been transparent about risk; honest about your capabilities; and pellucid in setting...

If you have been in a car accident, you have a lot on your mind. You are probably wondering if you will have to pay for repairs, and whether your insurer...

A wave of people are running for bankruptcy protection. When the U. S. Supreme Court struck down the nationwide moratorium on evictions millions of people who had been living in homes...

Settling a Business Dispute Studies show that over 95% of all lawsuits are resolved without a trial. Thus, the overwhelming probability is that a new case will settle. For that reason,...

Divorce can be a frightening experience, partly because there is so much uncertainty involved. You look to the future and see only questions that you can’t answer “Where do I go...