Personal injury crimes differ from traditional personal injury matters as they include acts of recklessness or negligence that are of a criminal nature. The criminal proceedings of these personal injury crimes are handled separately, but may be handled concurrently with your personal injury claim.
For example, if you endured harm or injury due to a person who was driving under the influence, and that person was arrested for their criminal act (DUI), they will be charged by the state for their misconduct. In this situation, if you choose to bring a case against them for your personal injury claim, they will have the criminal matter to deal with, as well as the civil personal injury claim.
Civil matters are different from criminal charges as civil matters are cases in which an individual has a legal dispute with another party. A criminal charge is a matter in which the state alleges that an individual has violated the laws of the state and seeks to hold that person accountable.
Can I File A Personal Injury Lawsuit If No Crime Has Occured?
It is absolutely within your rights to file a personal injury lawsuit, even if an explicit crime has not occured. In these situations, you are entering into a process of civil litigation in which you (the plaintiff) claims that you suffered harm or injury due to the negligence or action of another party (the defendant).
These claims can arise when there is a party that is directly responsible for the incident that occured or because there is an insurance policy that covers the incident. Additionally, there are claims in which both of those factors are at play.
When filing a personal injury lawsuit, it is very common to go through an initial phase wherein the plaintiff and defendant seek to reach a personal injury settlement. Oftentimes, a settlement can be reached without the matter going to trial. However, this is not always the case.
Whatever the outcome may be, the best course of action when pursuing these matters is to speak with an injury accident lawyer. An attorney will be able to assess the nature of your situation and provide expert counsel as to what may be the best steps forward for you.