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

You’ve probably heard the term “amicable divorce” more than a few times throughout your life. “Amicable” is a word that often appears in news stories when celebrity couples decide to break...

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%...

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...

The end of a marriage is never easy, especially when children are part of the equation. The best you can do is to make sure things as painless as possible for...

Your thoughtfully constructed estate plan could be disrupted by a challenge from a relative or friend who is unhappy with his or her inheritance (or lack of one). Here are 13...

It had been two years since we had a family vacation. Everyone needed a break and a change of scenery. Our family had vaccinated months prior and we had weathered the...

Okay, the auto accident is over … now what? If you’re like most people, you’ll want to get the car repaired as soon as possible. All you can think of is...

Losing a loved one is a tragedy that requires space to grieve, and the last thing a family needs at that time is to deal with unexpected costs. However, there are...

Last year was a bad year for DUI crashes in Pennsylvania. According to state police, troopers responded to more than 5,100 DUI-related accidents in 2017, a 14 percent jump from the...

Life is expensive. If you are like most recipients of disability benefits, your budget is tight. You are always on the lookout for ways to make the most of every dollar...