Criminal Acts That Can Lead to Personal Injury Lawsuits

If they do the crime and they do the time, do they pay the price? To some the price might be the time allotment the criminal spends in jail, but to others the actual price of the crime may not ever be paid by the criminal, unless a personal injury lawsuit is filed. The criminal justice system and the civil justice system are two legal systems set up in America that help the price get paid after a crime. Having the criminal sentenced with the criminal law system doesn’t always mean the financial price of the criminal act will be paid but if executed properly a civil lawsuit with the civil justice system can help recover the compensatory damages(financial loss from crime). With this being known, the question we will discuss is what criminal acts can convert into a personal civil lawsuit.

Understanding the Two Legal Systems

Criminal Law

The criminal law system in America is directly dealt with by the states and its focus is the penalty/punishment the person should pay for the restitution of the offense committed (if guilty) against the state. Meaning, the criminal broke the state law by harming one of the persons who resides in the state. Therefore, the offense is against the state since a state law was broken, so it will result in a criminal case even if the victims harmed had significant or minimal financial damages from the act. The victims will have to figure out how to cover the expenses they faced because of the criminal act. There are some states that will order the criminals in the criminal justice system to pay for the financial damages if a violent felony offense was committed, but that’s not common and it usually is because of the lack of money the criminal may have.

Tort/Civil Law

The civil law sytem is directly between the victim and the offender. The state just offers the system to the public. Civil cases aren’t mandatory after an injury or accident, it’s completely up to the victim to decide if the offender should be tried civilly to make up for any financial loss. Once the victim files the complaint they become the ‘plaintiff’, and the criminal or offender becomes the ‘defendant’.

Civil law deals directly with the finances behind the damages. It’s set up to determine who was at fault, who will pay, and what the total cost/reward of the damages should be. These cases will not lead to jail time or legal consequences but if guilty the defendant can experience a heavy fine, raised insurance premiums, or garnished wages. Always consult with a lawyer with any criminal personal injury civil case because a good personal injury attorney who knows the civil justice system very well can identify all the opportunities for compensation.

Crimes Connected With Personal Injury Lawsuits

Not all crimes are worth having a civil lawsuit, but if there’s a heavy financial price behind the criminal act you should always work with an attorney to see your options. Here’s a breakdown of expensive crimes that should be tried civilly:

DUI Accident Crimes

DUI accidents criminally will result in big fines and jail time. If any deaths are involved it can be up to 10 years in prison, some cases longer. Civil lawsuits in DUI accident cases can be directed at the insurance company and the driver. They can cover all of the long term emotional and physical damages. It’s a wise option to take if you’ve been injured by a drunk driver. These criminal acts are very expensive and if you were a victim of a DUI accident you shouldn’t pay the price.

Murder, Manslaughter – Wrongful Death

If a member of your family was murdered you should look into filing a wrongful death lawsuit. It can help with all the financial damages a family goes through after experiencing a death of a loved one. The most famous wrongful death case of our time is the O.J. Simpson case. During the criminal case O.J. was acquitted of all criminal charges, but was found guilty in the civil case and Nicole Brown Simpsons family was rewarded 33.5 million in compensatory and punitive damages. Money will not bring back your loved one, nor will it heal the pain, but losing a loved one can bring on a heavy financial challenge for a family and the victims family should not have to pay that price.

Important Note: It doesn’t have to be a murder for it to go into a wrongful death lawsuit. Any form of negligence that led to a death can result in a wrongful death lawsuit.

Rape – Sexual Abuse Injury

Rape is similar to murder when it comes to personal injury claims because of the seriousness of the crime but the injuries are far more psychological than physical. The compensatory damages will include many years of therapy sessions, possible time away from work, a lifetime of self-esteem and emotional struggles which is a significant financial cost. Clearly the value of the compensatory damages will be difficult to determine but for what the victim went through you have a solid case. If the rape took place by an employee of an organization it can result in a high payout from a business. If the rape took place on a campus or in the building of an organization it can also possibly cost the organization because of possible negligence with security or nearby witnesses.

Assault – Personal Injury Claims

If an individual purposely attacks and beats a person it will not only be a crime but it can result in a serious personal injury lawsuit. It compensatory damages would depend on the severity of the damages. Back in 2011 a Giants baseball fan was brutally beaten in the parking lot at Dodger stadium. A few months later the men were caught and sentenced to a lifetime in prison. What was discovered was that the Dodgers didn’t provide sufficient lighting and security that night. The man who suffered lifelong brain injuries went on to win 17 million from the Dodgers organization.

In Conclusion

These are the major crimes that usually involve high payouts. If you have been hurt financially because of any criminal act you should really consider working with an experienced attorney to see if it’s possible to recover the money from the criminal act. We are here to help!