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

If you are trying to negotiate your claim with the insurance company, then you may be wondering: Why does the settlement process have to be so difficult? Why is the insurance...

John Benson joined a recent episode of Marriage Matters TV with Dr. Mark and Liz. Learn more about why Estate Planning is so important.

...

The weather is finally warmer, so people will finally be getting out on their motorcycles for the season. Every year we get a lot of calls from motorcyclists who have been...

At any given moment, there are roughly 660,000 people across the country using a cellphone or other electronic device while driving. That’s according to the U.S. Department of Transportation, which records...

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...

Bucks County Family Court Takes Unprecedented Action in Face of COVID-19 Emergency – Families with Children Subject to Custody Orders Take Heed On April 8, 2020, President Judge Wallace H. Bateman,...

In some cases where there is no immediate method to pay medical bills as they are incurred, some doctors, hospitals, and other medical facilities will wait to be paid for their...

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...

There’s change in the air when it comes to Pennsylvania marijuana laws and drug crimes. Earlier this month, the state began allowing people with medical marijuana cards to buy marijuana in...

Most people only associate the word “investment” when they hear about financial planning. Financial planning is a whole lot more. Because people only associate the word “investment” with planning, they fail...