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

In response to the Coronavirus (COVID-19) outbreak and economic shutdown the Small Business Administration (SBA) is now offering low-interest federal disaster working capital loans through the Economic Injury Disaster Loan Program...

Unfortunately, in many cases, the person or persons responsible for the inci­dent may not tell the complete truth about the incident. It is human nature for many people to deny liability,...

Did a doctor ever give you a diagnosis and you had no idea what it meant? Its frustrating communicating with someone and not knowing what the other is saying. Clients meeting...

You’ve been injured: What do you do now? One of the first and most important things you can do is to find the “right” personal injury attorney PA. But how do...

YES! Witnesses often leave the scene of a collision once they find out that no one was hurt. As such it will often come down to your word against the other...

There’s change in the air when it comes to Pennsylvania marijuana laws and drug crimes. Earlier this month, the state began allowing people with medical marijuana cards to buy marijuana in...

In almost all personal injury cases, your attorney will be paid by keeping a percentage or portion of the final settlement, court award or verdict resulting from your injury. The percentage...

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...

A car accident or other traumatic injury-accident can result in an array of physical injuries: deep cuts or bruises; a broken bone; whiplash or another soft-tissue injury. The mental and emotional...

Most people only associate the word “investment” when they hear about financial planning. Financial planning is a whole lot more. Because people only associate the word “investment” with planning, they fail...