Often car accidents lead to some sort of criminal charge. But, do those criminal charges affect your civil lawsuit?
Criminal Charges and Car Accidents
Car crashes that result in criminal charges are complex. But, if that person is found guilty, it is the highest standard of proof you need in a car accident lawsuit. After all, the individual was found guilty of causing the accident and injuries, which means it is much easier to prove your civil case.
So, if the person was convicted guilty or pled guilty in his or her criminal case, then the criminal charges affect your civil case in a good way. Your attorney will only have to use the court records and evidence to prove you case in civil court, which means you’ll also save on investigator work.
Criminal Charges and When You Can File Your Suit
An experienced car accident attorney knows that you do not want to file your lawsuit until the criminal case is over. Most courts do not even allow civil claims to be filed until the person has been tried for his or her criminal case. But, this also gives your attorney more time to prepare the civil case and hopefully wait for a good outcome in criminal court.
What if the Person is Found Not Guilty?
There are instances where a person who caused your accident is not found guilty for their criminal case. So, does that mean you cannot file a civil lawsuit? No. There are plenty of instances where a person is found not guilty in criminal court only to still be held liable for their negligence and actions in civil court. As long as your attorney can prove that the person was negligent in the car accident, then your civil case could be successful regardless of how successful the criminal case was.
But, it is important to realize that a not-guilty verdict in their criminal case may make it harder to prove your civil case – since you do not have that solid piece of evidence proving that person is liable for the accident.
Were You in a Car Accident? Call an Experienced Trial Attorney
An experienced Car Accident Attorney Miami can assist you with your case. Regardless of how the criminal case pans out, the right attorney can collect evidence and build a convincing case for civil court.
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