When Can a Civil Personal Injury Claim Become a Criminal Lawsuit?

Personal injury claims are some of the most common lawsuits brought to court. More often than not, these qualify as civil lawsuits. However, some circumstances could cause the case to go from civil to criminal. Although this is a relatively rare occurrence, it remains a possibility to consider.

Several aspects can set the course of a lawsuit. One of the factors that may change a case from a civil personal injury claim into a criminal lawsuit is whether or not the defendant is involved in other criminal matters. Although it is not a frequent occurrence, if a case does go from being civil to criminal, it will require a specific approach from the legal team.

How Can a Civil Personal Injury Claim Become Criminal Lawsuit?

Before you file a claim, it is essential to learn more about personal injury cases. A civil case can become a criminal lawsuit based on the evidence uncovered during the legal process.

This new information can put the case into a different perspective and may steer the proceedings in another direction. However, to qualify the case for a criminal lawsuit, the data uncovered must be criminal in nature. Also, this must be strong enough evidence to require a criminal investigation.

Still, even when a civil case turns criminal, these branch out into two separate processes. There is a limit on how far a civil case can extend, and by its nature, it can only offer a civil resolution.

Based on the evidence discovered, a criminal case can also be opened (alongside the civil one) for the defendant to face criminal penalties. This is more focused on the defendant facing the charges (rather than the victim) and aims to punish and deter.

When a Civil Personal Injury Claim Becomes a Criminal Lawsuit

One of the best examples of a case turning from a civil personal injury to a criminal lawsuit involves domestic violence. In an effort for the victim to receive compensation for injuries sustained, they can start with a civil personal injury claim.

A civil lawsuit can ensure that the victim gets the funds they need to pay for medical expenses and any mental anguish sustained. If during the civil personal injury claim, it comes to light that the injuries were inflicted through abuse, the perpetrator may also face criminal charges.

Domestic violence is not the only time a civil personal injury claim can become a criminal lawsuit. If during the trial information surfaces about the defendant being involved in any type of criminal activity, they can be arrested afterward. This can be the beginning of a criminal trial.

The Transformation Process

Once the criminal information has surfaced in a civil lawsuit, the perpetrator will face a new set of charges. More often than not, the outcome of the civil case does not directly impact the criminal trial. However, the information gathered during the civil investigation could help the prosecutor strengthen their case.

That also means that if the defendant is found not guilty in the civil suit, they can still be held liable for the criminal charges. Based on the evidence the prosecutor has, they could be found guilty of criminal offenses.

Depending on the nature of the charges and the lawyer's expertise, the defendant may need to hire a new attorney to help them with the criminal charges. Although, if their lawyer has the right skills, they may assist with both the civil and criminal trials. Always look for specialized legal experts with vast experience in their field.

The Right Defense After a personal injury claim

It may be rare for a civil personal injury claim to turn into a criminal lawsuit, but it can happen. Should you find yourself in this situation, you need to make sure you have the right lawyer to advise you through the process. The outcome of the civil trial will not impact the ruling of the criminal lawsuit, although it could inform it.