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

Here’s a phrase anyone going through a divorce proceeding is likely to hear over and over: “Equitable distribution.” It’s an important term to remember, as it’s something that affects many divorce...

If you think that the insurance company covering the at fault driver will just pain you for your pain and suffering, think again. At it’s core, an insurance company is a...

If you are ever driving a vehicle in the state of Pennsylvania and find yourself being pulled over by a police officer, you must know your rights. You must also be...

If you have been in a car accident, you have a lot on your mind. You are probably wondering if you will have to pay for repairs, and whether your insurer...

To file for divorce in Pennsylvania, at least one of the spouses must have lived in the Commonwealth for at least the past six months. How long does it take to...

Most businesses in Pennsylvania will be closed at their physical locations until April 30, 2020. Many interpreted Governor Wolf’s Order to mean that businesses had to close and not conduct ANY...

Ask any Doylestown child custody lawyer, and they’ll tell you many of their clients are in a pretty rough emotional state. Divorce is never easy, but it’s important not to lose...

In Pennsylvania, individuals who either plead guilty to a crime or are found guilty of a crime following a trial are often sentenced to a period of incarceration in a jail...

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...