If you’ve lost a loved one in a vehicle accident and the at-fault driver has been charged with a crime, you might be wondering if any criminal charges brought against him would impair your ability to file a personal injury claim.
You may be certain that, while the conclusion of criminal cases may have an influence on the outcome of your personal injury case, you will still be allowed to make a personal injury claim against the individual, whether they are found guilty or not.
Read on to find out how criminal and civil matters might interact, and then call The Law Offices of Larry H. Parker at 800-333-0000 to speak with a wrongful death attorney in Los Angeles CA.
A Conviction Can Assist in the Proving of Liability
This can be utilized to show culpability if the at-fault party is found guilty of a crime that resulted in the accident. The conviction will be admitted as evidence, and a certified conviction will be accepted as proof of culpability by the court. This does not mean your case is closed; you must still show your damages. The at-fault party might also argue that you were partially to blame for the collision, lowering your damages.
Accidents in cars can result in a variety of criminal charges
You might be wondering what kind of criminal charges a person could face as a result of an automobile accident. There are a couple of them. If the motorist was under the influence of alcohol, he or she may face a DUI charge. Theft of a car and reckless driving are also possible charges. The charges they will face will be determined by the circumstances of the case and the severity of their actions.
Even if the person was found not guilty, you can still file a case
One of the most common blunders made by accident victims is assuming that if the at-fault party is not found guilty of a criminal charge, they would not be found liable in a civil action. This isn’t always the case for one essential reason: the standard of proof varies depending on the sort of lawsuit.
The prosecution must establish beyond a reasonable doubt that the offense happened while facing criminal charges. This means that even if the jury believes it is far more likely that the person committed the crime than that they did not, if there is any reasonable doubt, the jury must declare the individual not guilty.
In a civil action, the wrongful death attorney in Los Angeles CA just needs to show that the other party was at fault by a majority of the evidence. In layman’s terms, this means the jury must conclude it is more likely than not that the defendant was at blame for the accident.
Do you have any further concerns about filing a case? Contact a wrongful death attorney in Los Angeles CA by calling The Law Offices of Larry H. Parker at 800-333-0000.
