Thursday, September 28, 2023
  • Crime, The Law & Your Rights
No Result
View All Result
Crime Traveller
 
  • Home
  • Research

    Dangerous Behavior: Stalkers Using “Apple Air Tags” to Spy on, Harass, Threaten Lovers And Spouses

    How Your Brainwaves Could Be Used In Criminal Trials

    R. Kelly: Aided By A Network of Complicity Enabling His Crimes

    How Social Media Turns Online Arguments Between Teens Into Real-World Violence

    Kathleen Folbigg’s Children Likely Died Of Natural Causes, Not Murder. Here’s The Evidence My Team Found

    Do criminals freely decide to commit offences? How the courts decide

    Trending Tags

    • Neuroscience
    • Mental Health
    • Criminal Brain
    • Juvenile Crime
  • Psychology
    screaming man covered in paint

    Psychopaths – Born Or Made?

    The Question of Why: Did Ted Bundy have Dissociative Identity Disorder?

    Teenage psychopathy

    What Should We Do With Teenage Psychopaths?

    A Criminal Disorder? Advances in Neurocriminology Are Leading The Way

    Mark Safarik

    An Interview With Former FBI Profiler Mark Safarik on Violent Offending and Criminal Behavioral Analysis

    The Criminal Mind: An Interview With Forensic Psychologist and Author Katherine Ramsland

    Trending Tags

    • Narcissism
    • Psychopathy
    • Profiling
    • Mental Health
    • Psychology
  • Family Violence

    Reckless Speculation about Jeffrey MacDonald

    O. J. Simpson Trial: 26 Years Later

    O. J. Simpson: Murder in the First Degree

    Reasonable Doubt: The Hendricks Family Murders

    Melanie McGuire

    A Convicted Killer, Two Criminologists, and One Podcast: Direct Appeal Investigates ‘Suitcase Killer’ Melanie McGuire Case

    Family Annihilation: The Crimes and Psychology of Familicide

    Trending Tags

    • True Crime

      The Murder of Cecil Wells and the 49th State

      Uneven Ground documentary, the Melissa Witt Story

      Uneven Ground: The Melissa Witt Story, True Crime Documentary Review

      A teddy on the ground with emergency lights in the background

      The Babysitting Murder Of Hannah Wesche: What We Know So Far

      EXCLUSIVE – Errol Flynn: From Theft to Fame and Fortune

      Chandler Halderson and his parents

      Double Murder, Dismemberment, and Lies: The Twisted Web of Chandler Halderson

      Jean Claude Romand: From Fake Doctor to Family Annihilator

      Trending Tags

      • Unsolved
      • Serial Murder
      • Documentaries
      • Guest Posts
    • Book Reviews
      Strangled book review cover

      Strangled: A Courageous Fight Against The Darkest Corners of Humanity

      The Girl I Never Knew - Who Killed Melissa Witt?

      The Girl I Never Knew: Melissa Ann Witt Deserves Justice

      Befriending A Serial Killer: An Interview With Mark Austin

      The Husband Poisoner: Lethal Ladies and Dangerously Tasty Recipes

      Details are Unprintable: Wayne Lonergan and the Sensational Café Society Murder

      Operation Jacknap book cover image

      Operation Jacknap: A True Story of Kidnapping, Extortion, Ransom and Rescue

      Trending Tags

      • Interviews
      • Historical Crime Books
    • Crime Spotlight
      • All
      • Crime, The Law & Your Rights
      car accident on highway

      Is A Car Accident A Criminal Or Civil Case?

      mannequins with your body belongs to you stickers

      How to Prove Sexual Abuse Without Physical Evidence

      Medical Malpractice

      When Does Medical Malpractice Become a Criminal Case?

      Picture: Richard Bell, Upsplash

      Can A Crime Turn Into A Personal Injury Lawsuit?

      Korean Zodiac Killer case

      A Tale of Two Zodiacs

      5 Tell-Tale Signs Of An Abusive Person

    No Result
    View All Result
    Crime Traveller
    • Home
    • Research

      Dangerous Behavior: Stalkers Using “Apple Air Tags” to Spy on, Harass, Threaten Lovers And Spouses

      How Your Brainwaves Could Be Used In Criminal Trials

      R. Kelly: Aided By A Network of Complicity Enabling His Crimes

      How Social Media Turns Online Arguments Between Teens Into Real-World Violence

      Kathleen Folbigg’s Children Likely Died Of Natural Causes, Not Murder. Here’s The Evidence My Team Found

      Do criminals freely decide to commit offences? How the courts decide

      Trending Tags

      • Neuroscience
      • Mental Health
      • Criminal Brain
      • Juvenile Crime
    • Psychology
      screaming man covered in paint

      Psychopaths – Born Or Made?

      The Question of Why: Did Ted Bundy have Dissociative Identity Disorder?

      Teenage psychopathy

      What Should We Do With Teenage Psychopaths?

      A Criminal Disorder? Advances in Neurocriminology Are Leading The Way

      Mark Safarik

      An Interview With Former FBI Profiler Mark Safarik on Violent Offending and Criminal Behavioral Analysis

      The Criminal Mind: An Interview With Forensic Psychologist and Author Katherine Ramsland

      Trending Tags

      • Narcissism
      • Psychopathy
      • Profiling
      • Mental Health
      • Psychology
    • Family Violence

      Reckless Speculation about Jeffrey MacDonald

      O. J. Simpson Trial: 26 Years Later

      O. J. Simpson: Murder in the First Degree

      Reasonable Doubt: The Hendricks Family Murders

      Melanie McGuire

      A Convicted Killer, Two Criminologists, and One Podcast: Direct Appeal Investigates ‘Suitcase Killer’ Melanie McGuire Case

      Family Annihilation: The Crimes and Psychology of Familicide

      Trending Tags

      • True Crime

        The Murder of Cecil Wells and the 49th State

        Uneven Ground documentary, the Melissa Witt Story

        Uneven Ground: The Melissa Witt Story, True Crime Documentary Review

        A teddy on the ground with emergency lights in the background

        The Babysitting Murder Of Hannah Wesche: What We Know So Far

        EXCLUSIVE – Errol Flynn: From Theft to Fame and Fortune

        Chandler Halderson and his parents

        Double Murder, Dismemberment, and Lies: The Twisted Web of Chandler Halderson

        Jean Claude Romand: From Fake Doctor to Family Annihilator

        Trending Tags

        • Unsolved
        • Serial Murder
        • Documentaries
        • Guest Posts
      • Book Reviews
        Strangled book review cover

        Strangled: A Courageous Fight Against The Darkest Corners of Humanity

        The Girl I Never Knew - Who Killed Melissa Witt?

        The Girl I Never Knew: Melissa Ann Witt Deserves Justice

        Befriending A Serial Killer: An Interview With Mark Austin

        The Husband Poisoner: Lethal Ladies and Dangerously Tasty Recipes

        Details are Unprintable: Wayne Lonergan and the Sensational Café Society Murder

        Operation Jacknap book cover image

        Operation Jacknap: A True Story of Kidnapping, Extortion, Ransom and Rescue

        Trending Tags

        • Interviews
        • Historical Crime Books
      • Crime Spotlight
        • All
        • Crime, The Law & Your Rights
        car accident on highway

        Is A Car Accident A Criminal Or Civil Case?

        mannequins with your body belongs to you stickers

        How to Prove Sexual Abuse Without Physical Evidence

        Medical Malpractice

        When Does Medical Malpractice Become a Criminal Case?

        Picture: Richard Bell, Upsplash

        Can A Crime Turn Into A Personal Injury Lawsuit?

        Korean Zodiac Killer case

        A Tale of Two Zodiacs

        5 Tell-Tale Signs Of An Abusive Person

      Crime Traveller
      No Result
      View All Result
      • Home
      • Research
      • Psychology
      • Family Violence
      • True Crime
      • Book Reviews
      • Crime Spotlight

      Can A Crime Turn Into A Personal Injury Lawsuit?

      Can A Crime Turn Into A Personal Injury Lawsuit?

      19 August, 2022 - Updated on 25 July, 2023
      in Crime, The Law & Your Rights
      Reading Time: 6 mins read
      A A
      Picture: Richard Bell, Upsplash

      Picture: Richard Bell, Upsplash

      Share on FacebookShare on TwitterShare

      Many personal injury claims are straightforward: you’re involved in an incident with the at-fault party, and they’re required to pay a settlement figure for their wrongdoing. While most people never set out to injure another person or damage their property, it happens, and they can be required to pay the resultant costs.

      However, not all personal injury claims are this simple, especially when it’s revealed that an incident has civil and criminal complexities. If you’re curious about whether a crime can turn into a personal injury lawsuit, you can learn more about this scenario below.

      Where Civil and Criminal Cases Meet

      According to law firms like the Law Offices of Kamela James, civil cases like personal injuries and criminal cases can intersect in many situations. For example, let’s say you were the victim of a severe collision and decided to enlist the services of a personal injury attorney to claim damages against the negligent party. During the evidence-gathering stage, you might have determined that the negligent driver was driving under the influence of alcohol, resulting in your crash.

      While your primary goal might be to receive damages for your medical bills and other costs, there’s now a law violation to consider, and they might now be facing criminal charges alongside the civil ones you intended to bring against them.

      Civil Cases vs. Criminal Cases

      It might seem efficient to bring two consecutive charges to the table under a civil claim; one for driving under the influence and one for causing an accident. However, our justice system imposes two sets of rules for civil and criminal cases.

      It’s up to the government to prosecute criminal cases, such as DUI, and impose penalties for men and women who are convicted of their crimes. In the instance of civil cases, a lawsuit determines whether the victim receives compensation for their losses, such as medical bills, time off work, and vehicular damage, and what that settlement figure would be. Civil lawsuits can also apply to several different situations, such as:

      • Divorce
      • Child custody
      • Personal injury claims, such as car accidents, truck accidents, and motorcycle accidents
      • Contract disputes
      • Employment discrimination

      Whereas criminal cases typically involve:

      • Money laundering
      • Abuse
      • Fraud
      • Arson
      • Assault
      • Theft
      • Murder

      Does a Criminal Case Impact Compensation?

      While you might hope that a criminal case doesn’t impact your fight for compensation in a personal injury claim, it sometimes can. In many states, the victims of people who have been charged with felonies and misdemeanors can be awarded restitution, which means the offender has to provide financial compensation to their victims.

      These costs can include medical costs, psychological treatment expenses, and losses caused by their conduct. However, there is often no restitution for lost earnings, punitive damages, physical pain and suffering, and lost enjoyment of life.

      Pursuing a Civil Lawsuit

      The compensation from a criminal case is not always sufficient for victims to move forward with their lives and reclaim a semblance of what their lives used to be. As a result, personal injury lawyers might recommend pursuing a civil lawsuit to recover the costs associated with an accident that couldn’t be covered in a criminal case, such as emotional trauma, pain and suffering, and reduced earning capacity.

      However, filing a lawsuit doesn’t guarantee a settlement. Many factors play a part in whether a judgment is collectible, including the income, solvency, and assets of the offender. If they have been imprisoned as a result of their criminal case, this incarceration period might also impact the defendant’s ability to make payments.

      Initiating a Civil and Criminal Case

      While there are several differences in how civil and criminal cases play out, one of the more notable ones relates to who initiates them. Only a prosecutor or district attorney, also known as a state attorney, can file a criminal proceeding in a criminal case. A victim of that crime might know the crime has occurred, but the final decision lies with the prosecutor. In contrast, a victim can initiate a civil case and file a lawsuit in their own name. They can also choose how they handle the case every step of the way.

      Can a Civil Case Turn Into a Criminal Case?

      Civil and criminal cases are tried in two separate ways, and criminal charges can sometimes be brought about by the investigative stages of a civil case. Therefore, it’s easy to assume that a civil case can transition into a criminal one. However, they remain two separate proceedings. Once evidence of a crime has been uncovered, a new criminal case has to commence for the defendant to face criminal charges. Meanwhile, a civil claim will only result in civil remedies rather than criminal ones.

      Burdens of Proof: Civil vs. Criminal

      Personal injury lawyers will always go the extra mile to help their clients develop a strong case for a desirable outcome. Traditionally, this involves gathering medical reports, police reports, scene evidence, and witness statements.

      While it’s important to have a sound foundation for success, the burden of proof in a civil case is a preponderance of the evidence, which means the burdened party must convince the fact-finder that there’s a higher chance than 50% that the claim is true.

      The burden of proof in a criminal case is much higher. The state has to prove its case beyond a reasonable doubt. This can mean that even if you use the same evidence for both cases, you might lose the criminal case but win the civil one. The evidence is still strong and potentially higher than 50%, but it might not allow jurors and the courts to prove guilt beyond a reasonable doubt.

      Navigating the personal injury claims process can be challenging enough, but it can become even more complex when a defendant is found to have committed a crime when they were negligent in their actions toward you. If you’ve encountered this very situation, now might be the right time to enlist the services of a reputable personal injury attorney who can guide you through the various steps in the hopes of achieving the best outcome for all involved.

      Share34Tweet21Pin9
      Previous Post

      The Girl I Never Knew: Melissa Ann Witt Deserves Justice

      Next Post

      When Does Medical Malpractice Become a Criminal Case?

      Related Posts

      Is A Car Accident A Criminal Or Civil Case?

      29 June, 2023 - Updated on 25 July, 2023
      car accident on highway

      Car accidents can leave individuals feeling confused, distressed, and uncertain about their legal situation. Find out what you need to know.

      Read more

      How to Prove Sexual Abuse Without Physical Evidence

      22 May, 2023 - Updated on 25 July, 2023
      mannequins with your body belongs to you stickers

      An American is sexually assaulted every 68 seconds, and one in every six American women has been the victim of rape or attempted rape in...

      Read more

      When Does Medical Malpractice Become a Criminal Case?

      19 August, 2022 - Updated on 25 July, 2023
      Medical Malpractice

      While there are some instances in which medical malpractice may cross the line into criminal behavior, it is important to understand that not all cases...

      Read more
      Load More
      Next Post
      Medical Malpractice

      When Does Medical Malpractice Become a Criminal Case?

      How Your Brainwaves Could Be Used In Criminal Trials

      Fate Is Not Kind: The True Crime Case of David Lamson

      Leave a Reply

      Your email address will not be published. Required fields are marked *

      I agree to the Terms & Conditions and Privacy Policy.

      RECENT

      The Murder of Cecil Wells and the 49th State

      30 August, 2023 - Updated on 31 August, 2023

      Uneven Ground: The Melissa Witt Story, True Crime Documentary Review

      17 August, 2023

      The Babysitting Murder Of Hannah Wesche: What We Know So Far

      2 August, 2023

      POPULAR

      Kathleen Folbigg’s Children Likely Died Of Natural Causes, Not Murder. Here’s The Evidence My Team Found

      Why Do U.S. Authorities Want to Speak With Prince Andrew?

      Psychology Of Baby Abductions: Women Who Steal Children

      Dark Valleys: Foul Deeds Among The South Wales Valleys 1845-2016

      ☆ Get your true crime book reviewed on Crime Traveller

      Site Links

      • About Crime Traveller
      • Contact Page
      • True Crime & Justice
      • Crime Research
      • Psychology of Murder
      • True Crime Book Reviews & Author Interviews
      No Result
      View All Result
      • Terms
      • Privacy
      • Disclaimers
      • Cookies
      • DMCA
      • Newsletter

      Copyright © 2016 - 2023 Crime Traveller, a website owned and operated by Alythium | All Rights Reserved.

      No Result
      View All Result
      • HOME
      • About
      • Contact
      • True Crime
      • Research
      • Family Crime
      • Psychology
      • Spotlight
      • Book Reviews

      Copyright © 2016 - 2023 Crime Traveller, a website owned and operated by Alythium | All Rights Reserved.

      This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.