What if the At-Fault Party Also Committed a Crime?

What if the At-Fault Party Also Committed a Crime?

If you have suffered injuries in a Tampa personal injury incident, you can file a claim for damages. Florida is a no-fault state. This means your first recourse would be to seek damages from your own insurer, even when the injury is caused by another person.

If your losses are caused by another party and are above $10,000 or if your injuries are serious, you can seek compensation from the at-fault party. In some situations, the other party may also be charged with a crime.

For instance, consider a driver who ran a red light and caused a crash involving injuries. If you are the victim, you may file a civil claim for damages. A separate criminal case may also be launched against the driver at the same time. It is common for DUI accidents involving injuries to trigger both criminal and civil proceedings against the drunk driver.

Civil vs. Criminal Cases

A civil case typically seeks to recover compensation for your losses in a personal injury incident. You can seek compensation for the medical costs, lost wages, pain and suffering, property damage, and other losses in the civil claim. The actual compensation is typically proportionate to your losses.

A criminal case, on the other hand, aims to punish a person for breaking a law. If convicted, that person may face a wide range of penalties, such as incarceration, license suspension, probation, house arrest, community service, fines, and more.

Impact of Criminal Conviction on Civil Case

It is important to note the criminal and civil cases in a personal injury incident are separate. If an at-fault party is not criminally charged, this doesn’t automatically mean they are not liable for damages. You may still be able to get compensation for your injuries and other losses.

On the other hand, if the at-fault person is found guilty of a crime, this can help your personal injury claim. In the example above, suppose the speeding driver is found guilty of the offense. This can make it easier for you to establish the driver’s negligence in the crash.

If a person is criminally charged in connection with a personal injury incident, the court may also order them to pay restitution. This constitutes a payment for your tangible losses in the incident. The restitution is ordered by the court in a criminal case. This doesn’t prevent you from pursuing other non-economic damages in the civil damages claim.

Contact a Tampa Personal Injury Attorney Today

Personal injury cases involving both civil and criminal proceedings can be complicated. As the victim, you may find it daunting to keep track of both types of litigation. You may be asked by a court to provide a statement in the criminal case. This is why you must consult a personal injury lawyer at the earliest.

Here at Anderson & Anderson, you can speak to a Tampa personal injury attorney for legal help and guidance on your case. Call today at 813-251-0072 or visit our website for a free case review.

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Anderson and Anderson

At the law office of Anderson & Anderson, we have been representing accident victims in the Tampa Bay area for more than thirty years. We understand the struggles our clients face after being injured in an accident. We do everything in our power to get clients the compensation they need to move forward with their lives. We are experienced. We are local. We are dedicated to you.... View full business profile here: Anderson and Anderson

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