Join our newsletter.

When Torts and Crimes Meet

When a person injures you the law calls it a “tort.” When a person breaks a law created by the legislature it is called a crime.

Most people who are harmed or injured when a crime is committed don’t realize that a tort has also been committed.

Because of this, you have the ability to sue the defendant even though they were also prosecuted for the crime. Thus when you are injured due to a drunk driver hitting your car you can sue for your personal injury.

Many personal injury attorneys rush in and file suit against the defendant while the criminal prosecution is ongoing. This is a mistake. By doing this the attorney has weakened the criminal case, and in turn weakened the civil case.

By filing a civil case, an opening is created for the defendant who can now attack the credibility of plaintiff. When the plaintiff testifies in the criminal case, the defense attorney will portray the plaintiff as being interested only in money. They will tell the jury that the plaintiff shaped their testimony to make the civil case better. If the criminal case falls apart, the civil case is weakened. In Pennsylvania, a criminal conviction for DUI is negligence per se in the civil case.

Its best to hire a personal injury attorney who is familiar with criminal law. Your attorney should work closely with the prosecutor and let them know that they will not file a civil case until the conclusion of the criminal case.

If the attorneys work closely they can often share information which will strengthen both cases. Many times the civil attorney can even get a statement from the defendant as part of a plea bargin in the criminal case.

The PA personal injury attorney should attend all criminal proceedings where they can interview other witnesses, gather information and maybe even listen as the defendant testifies.

By working together both cases are strengthened.

Related News & Articles

The unexpected death of a loved one is always a terrible experience. If the death happened due to negligence, misconduct, or even an intentional action, it can be even more unsettling...

Roughly 1/3 of all people arrested for driving while under the influence will go on to re-offend, according to the U.S. Department of Transportation. To combat this problem, lawmakers around the...

In many cases, a divorce can be a cantankerous and highly contested proceeding. Combine personal egos with concerns about the two parties’ assets and the questions about custody of the children...

Earlier this year, Pennsylvania passed Act 39, the state’s new wine sale law, which allows alcohol to be sold in more places than in the past. Governor Tom Wolf called it...

First things first: What exactly is a living trust, and why might you want to create one? How is a living trust different from other sorts of trusts? And is the...

What’s the Difference Between a Prenup & a Postnup? The main difference between the two contacts, of course, is that while a prenup–also known as an antenuptial agreement or premarital agreement–is...

When a marriage ends, financial complications can ensue. In addition to dividing property acquired during the marriage, the courts must make sure provisions are made for any children the couple has,...

Penglase & Benson Named a 2021 Law Firm 500 Honoree for Fastest Growing Law Firms in the U.S. – Two Years Running. Over the past 16 years, our team at Penglase...

The COVID-19 pandemic has changed our lives seemingly overnight. We should not expect it stop short of effecting child custody disputes and possibly send them into a tailspin. Scenario 1: I...

Substance abuse complicates personal injury claims in ways many don’t expect. When a person is under the influence, they may not think clearly or act in safe ways, which impacts their...