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 concept of alimony has been with us for centuries. It’s older than the Roman Empire, predates the birth of Socrates and Aristotle and had been around for 1,000 years at...

Most personal injury cases have three stages: investigation, negotiation and litigation. Often these stages overlap, and many cases are resolved without the need for litigation at all. Here is a brief...

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...

You’ve just gotten married. Your new spouse has kids from a previous marriage, but at this point, you think of them as your kids too. Unfortunately, the law has other ideas,...

There is no doubt that an injury hurts. The questions become: How much does it hurt? What did it keep you from doing? And perhaps most importantly, How do I prove...

We’re all competitive to some degree. We all have standards of where we are in life, how we think our bodies should look, how we should feel. We’re also getting older...

Summer is here and with it comes vacation plans. Whether you are going to the New Jersey shore or Costa Rica, you should take a few minutes before you go to...

Managing family dynamics is difficult enough without having to deal with the extra complexities of addiction and rehabilitation. The stakes in family court cases can rise dramatically when substance misuse is...

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...

The advent of smartphones and social media have made it easier than ever share our lives with the rest of the world. “Here’s what I’m doing tonight.” “Look at this amazing...