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

If you’re a parent who has recently experienced a divorce, it’s certainly understandable that you may feel the need to move: To a new home in your current town, say, or...

Addressing Substance Abuse in Child Welfare Cases Substance abuse is an issue that affects countless families worldwide. It doesn’t just impact the individual struggling with addiction; it sends ripples through families,...

In addiction-related cases, social media evidence is increasingly used to build narratives about a person’s behavior, intent, or lifestyle. Posts, photos, messages, and even comments can serve as key pieces of...

It’s easy to make legal mistakes while building your business. It happens all the time. You’re a business owner—not a lawyer. You’re focused on finding customers, making sales, training your team,...

Attorney Craig Penglase has been named as the Solicitor for the Bucks County Sheriff’s Office. He will serve in that role though January 2022. As Solicitor Mr. Penglase will act as...

The Hidden Dangers of Misusing Prescribed Medications Prescription drug abuse, though often overshadowed by illegal drug cases, carries significant legal consequences that can affect every aspect of a person’s life. From...

By now you know that the insurance company’s goal is to pay you as little as possible in compensation for your injuries. In pursuit of this goal, the insurance company may...

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...

Your personal injury case has come to an end. The papers have been signed. Your attorney’s fees and medical liens have been paid. The settlement check is finally in your hand....

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...