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 weather is finally warmer, so people will finally be getting out on their motorcycles for the season. Every year we get a lot of calls from motorcyclists who have been...

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...

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...

In the modern world, as families change and adapt, there’s an increased likelihood of children experiencing life in two homes. Whether it’s due to divorce, separation, or other circumstances, it’s essential...

Created more than 3,000 years ago, The Code of Hammurabi was one of humanity’s earliest sets of written laws. Among the things in the code was a provision that said that...

The unthinkable has happened. After meeting your soul mate, joining together in the union of marriage, and then further cementing that union with the birth of a child, you’ve both decided...

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...

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,...

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,...

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...