If you were involved in a car accident in which the at-fault party is charged with and convicted of criminal charges, you might wonder: How does this affect my ability to file a personal injury case? Keep reading to get the answers you want, then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like to request a free legal consultation.
A Person Can Face a Number of Criminal Charges After a Car Accident
Depending on the facts of the case, a person could face any number of charges. If they had been drinking or were under the influence of drugs then they could face DUI charges. If they were speeding, then they could face reckless driving charges. If someone was killed in the accident, they could face vehicular manslaughter charges.
There is a Benefit Even if The At-Fault Party is Not Convicted
While the ideal situation involves the conviction of the at-fault party, there are benefits to a criminal case even if the state does not win. Namely, a criminal case gives your personal injury attorney a peek at the strategy the defense is going to use. It gives us a chance to look at their evidence. The more information we have, the easier it will be to fight for fair compensation.
A Conviction Can Have a Huge Impact
If the defendant in the personal injury case is convicted of any offense related to your car accident, then you can use that conviction as evidence in the case. The court will simply need a certified conviction to prove liability for the damages you are suing for. This does not mean that you will automatically get what you are asking for – we will still need to justify the costs we are suing for.
Note as well that if the defendant is arguing that you were partially at fault, you might need to prove that this is not the case in order to get the maximum amount you are entitled to.
You Can Still Sue if They Are Not Convicted
People often assume there is not much point in suing if the at-fault party was found not guilty of the charges but this is false. There is a much higher standard of proof in a criminal trial than in a civil trial. While a prosecutor must prove the defendant is guilty beyond a reasonable doubt, we must only prove that the party was at fault by a preponderance of evidence. This means that the judge and/or jury must only believe that it is more likely than not that the defendant was at fault for your injury.
If you are ready to request a free legal consultation, we recommend you contact Law Offices of Fernando D. Vargas at 909-982-0707. We are standing by to provide a free legal consultation to ensure that your rights are protected.
