In most cases, the legal system sets civil and criminal matters apart. Civil law deals primarily with monetary losses and issues, while criminal law is all about punishments that can include incarceration. There are many ways that civil and criminal matters will never interfere with each other. In certain matters, however, these two worlds do collide. Read on to find out how a criminal matter could affect your civil case.
Criminal Acts and Civil Cases
Criminal law affects some of the same areas usually handled by civil law — they're just handled differently. For example, if you are hurt in a wreck and the driver of the car that hit you ended up being convicted of drunk driving, the cases can impact each other. Just being arrested and charged with a traffic offense or a crime like drunk driving is enough to affect a personal injury case. If that arrest becomes a conviction, it might be more than personal injury compensation for the victims. Other than car accidents, other issues that may cross over and affect criminal matters are fraud, police misconduct, wrongful death, false imprisonment, and more.
Victim Restitution
Financial payments to crime victims have been slowly increasing over time. As long as the defendant is convicted and has the means to pay, victims of all sorts of crimes can receive compensation. If you are involved in a civil matter with a defendant who is also undergoing a criminal process, however, it's best to speak to your personal injury lawyer about the matter. In some cases, victim restitution can negatively affect personal injury compensation and vice versa. In other words, double-dipping may not be allowed.
How Civil Cases Benefit No Matter What
It may or may not matter whether or not the defendant ended up being convicted in criminal court. The burden of proof is far lower in civil court and may allow those seeking justice to have a second chance to do so. The O. J. Simpson case is a perfect example of that. Simpson was not convicted of murder but was found to be responsible for the deaths of his wife and Ron Goldman in civil court. On the other hand, a conviction will definitely strengthen any civil cases on the matter. To learn more about overlapping criminal and civil matters, speak to a personal injury attorney today and find out for yourself how your case can be strengthened with a connected criminal matter.
Share4 December 2019
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.