- November 25, 2022
- In personal Injury
It is not uncommon for crime victims to suffer injuries due to the conduct that has made them victims in the first place. It is less common for crime victims to be informed that they may be able to hold the perpetrators of that conduct liable in civil court. Far too often, the misperception persists that the only way to achieve justice for a crime that causes injury is for the perpetrator to be held accountable in criminal court. In reality, it may be possible to secure personal injury damages in civil court regardless of whether a prosecutor can secure a conviction in their case against the accused.
Civil Vs. Criminal Liability
Criminal and civil liability are distinct from each other, just as the civil and criminal justice systems are distinct. In civil cases, individuals may be held liable for negligent, reckless, or intentionally dangerous conduct that results in another’s physical harm when a preponderance of the evidence proves their culpability. This standard of proof is considerably lower than the “beyond a reasonable doubt” standard employed in criminal cases. This means that it is often far more accessible for a crime victim to secure a victory against a perpetrator in civil court than for a prosecutor to secure a conviction in a criminal trial.
You can potentially file a successful lawsuit in civil court regardless of whether the individual who hurt you or a loved one has been held responsible by the criminal justice system. Perhaps the most famous modern example of this disconnect is the multi-million dollar civil damages award won by the families of Nicole Brown Simpson and Ronald Goldman against O.J. Simpson mere months after Simpson was acquitted of the victims’ murders in criminal court.
Grounds Upon Which To File A Personal Injury Lawsuit
Generally speaking, someone is in a solid position to file a legal action in civil court if another’s recklessness, negligence, or intentionally dangerous conduct directly led to their injuries. In California, injury victims remain empowered to seek such damages even if they were partially responsible for injurious circumstances.
As the victim of an intentional crime, chances are excellent that you are in a position to file a legal action in civil court, provided that the defendant in your lawsuit directly caused your injuries due to their intentionally dangerous conduct. With that said, no two cases are exactly alike. Therefore, it is essential to have an attorney evaluate your circumstances before committing to any legal action plan.
If you are hesitant to file legal action for any reason, such as your immigration status or fear of retaliation, please schedule a free, confidential consultation with our legal team before you dismiss the opportunity to seek justice in civil court. You may be entitled to compensation regardless of your circumstances, and we will do our utmost to ensure that you remain protected as you seek what is rightfully yours.
Additional Opportunities For Recourse
Depending upon the circumstances of your case, you may be eligible to receive compensation beyond personal injury damages. For example, if you experienced intentional harm while on the job, you may be in a position to collect workers’ compensation benefits. If so, you’ll want to contact our team immediately, as the workers’ compensation benefits application process is incredibly time-sensitive.
Suppose you were injured as a result of intentionally dangerous conduct while you were traveling. In that case, you may also be in a position to submit at least one claim for an insurance settlement. Do not speak with insurance representatives until you have talked to a lawyer. Insurance companies are businesses and want to protect their profits. Our firm understands how to negotiate successfully with insurance companies to secure the compensation our clients are rightfully entitled to.
Depending upon the circumstances that led to your harm, you may also be in a position to receive crime victims’ benefits. Various funds are set up in California, and throughout the nation, which are dedicated to assisting crime victims and compensating them for the harm they’ve suffered. Once we understand your challenges, we can advise you whether you may be in a position to receive such funds.
Finally, you may have already been offered a settlement by the party that harmed you or by someone interested in your case’s outcome. Don’t sign anything until an attorney has reviewed the settlement terms, as signing the offer will likely result in an agreement not to sue. Accepting a settlement offer may or may not be to your advantage, but you should never sign one until you’re sure of whether the terms of the offer are truly favorable and worth accepting.
Contact A Reputable California Personal Injury Lawyer Today To Learn More
If you have been injured due to intentionally dangerous conduct, schedule a free consultation with the dedicated legal team at our firm today to learn about your rights and options under the law. Depending upon the unique circumstances of your situation, you may be in a strong position to pursue personal injury damages against those who have harmed you. This is true regardless of whether the intentionally dangerous conduct in question was initiated by someone charged with a crime, convicted of a crime, or escaped criminal justice.
The challenges of navigating the aftermath of criminal activity that has caused you harm cannot be overstated. Please understand that you do not need to weather these challenges’ legal and financial aspects alone. The compassionate and determined legal team at The Law Offices of Samer Habbas & Associates, PC, is proud to represent the interests of crime victims who have been physically harmed due to their experiences. Suppose you’re in a position to file legal action against those who have harmed you. In that case, we’ll aggressively advocate on behalf of your interests and seek to maximize the compensation you’re rightfully owed. To learn more, call (888) 848-5084 or contact. We look forward to speaking with you.
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