When you are injured because of another person’s criminal behavior, you have the right to press charges. This takes the case to a criminal court, where the judge will have the final say on any sentencing. While this may allow you to seek justice, criminal cases often don’t deal with the repercussions of your violent crime injury. You may still face monumental medical bills, lost wages during recovery, and emotional pain and suffering. This is why many people pursue a personal injury case against their assailant.
At Chatham Gilder Howell Pittman, we can help you with this civil suit for damages related to your violent crime injury. Our team of experienced attorneys will make every effort to prove your need for compensation.
The Burden of Proof in Violent Crime Injury Cases
In a criminal case, the defendant is innocent until proven guilty beyond a reasonable doubt. In a civil case, the plaintiff needs to show that the defendant was negligent in some way.
To prove this negligence, we need to explain how:
- The defendant owed you a reasonable duty of care
- The defendant violated this duty of care through his or her actions or inaction
- This breach of action caused you harm
It is typically easier to prove guilt in a personal injury case than it is in a criminal case. If the defendant is “more likely than not” responsible for the victim’s injuries, the courts may rule in the plaintiff’s favor.
Using a Criminal Verdict to Prove Liability
You cannot sue a defendant during a criminal trial. However, once the criminal trial has concluded, we may be able to use that case as evidence in your civil suit. According to a doctrine called “collateral estoppel,” judges are permitted to use a criminal case to prove responsibility in a personal injury case.
If you are a victim of vehicular assault, assault with a deadly weapon, battery, sexual assault, or any other injurious crime, give our attorneys a call. We are compassionate lawyers that listen and are not afraid of complex cases. One of our seasoned attorneys can discuss your situation and let you know whether or not you have grounds to sue. Contact us today for a free consultation regarding your case.
Chatham Gilder Howell Pittman helps those who have been injured in a violent crime throughout Northern Mississippi including the cities of Southaven and Hernando as well as the counties of DeSoto, Marshall, Tate, and Tunica.
