When you are injured in an accident, the person or business that caused the harm can be liable for monetary damages. In most cases, accident victims seek retribution using civil law procedures. When you file suit against an at-fault party, you are using civil law to do so. While this form of legal action provides victims with financial compensation, some accident situations call for taking things a step further. There are some circumstances that can have the perpetrator both charged with a crime and on the hook for paying personal injury compensation. Read on to learn more.
Personal Injury Issues
When you hear the term personal injury, the term pertains to using civil law to gain compensation. There are many differences in civil and criminal law, but one major difference is the burden of proof. The burden of proof is an explanation of how the law applies to a given issue. While criminal trials require that the accused be found guilty beyond a reasonable doubt, civil law has a far easier burden to prove. For civil cases, the at-fault party is said to be guilty by a preponderance of evidence. This manner of viewing guilt places the bulk of proof on the evidence. When it comes to civil cases, the more evidence the better and that includes:
Criminal Law Issues
People can be taken to court using both criminal and civil law. While some courts do order the guilty party to pay victim restitution, most victims generally must rely on the civil court to provide financial compensation. That doesn't mean, however, that a civil case is unaffected by its parallel criminal case and vise versa. For example, drivers who cause accidents while intoxicated can face enhanced criminal charges when someone gets injured. Victims who take the drunk driver to court to sue for compensation can site the criminal case to lend credence to their claims. Additionally, civil law has an option to add punitive damages to any case. It this case, punitive damages will increase financial compensation as well as send a message to those who might drink, drive, and cause accidents with injuries. Other common civil/criminal mash-ups include vehicular homicide, reckless driving, negligent homicide, and more.
If your accident involved the perpetrator being charged criminally, your compensation and chances for success are increased. Speak to a personal injury law firm like Arias Law Firm, P.A. to learn more.Share
7 December 2018
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