Miami Lawyer Explains How a Criminal Conviction Can Help Your Personal Injury Claim
What is the difference between civil and criminal court? In this video, Miami litigation attorney Julie Braman Kane explains how guilt in a criminal court can potentially overlap with a civil case when a person suffers personal injury from the negligence of a criminal.
Though criminal and civil cases are typically entirely separate claims, it is still potentially useful to your civil case if the criminal case against the negligent party who harmed you ends in a guilty verdict. That is why it is important to talk to a lawyer as soon as possible after you suffer personal injuries due to criminal activity.
The standards of proof in a civil case and criminal case are very, very different. In a negligence case or a civil case, you have to prove more likely than not, which is a little bit more than half, more likely than not that the person who harmed the plaintiff was negligent and caused them harm. If a civil case proceeds where there has been a not guilty in criminal case, it doesn’t really impact the civil case. The not guilty verdict in a criminal case doesn’t come into evidence in a civil case in most cases. Now, a guilty verdict in a criminal case is a significant, significant tool in the arsenal of the lawyers who are representing people who have been injured through the negligence of another. But, usually they’re completely separate and apart, one thing has nothing to do with the other. The only issues come in where there’s testimony in a criminal case, which usually goes much faster, that needs to be used in a civil case. So, when you hire a lawyer or law firm and you’ve been harmed by the negligence of another and that person is being prosecuted, it’s critical, critical to hire a lawyer as soon as possible so that criminal case can be monitored and any testimony either that you, the injured party give, or that the person who injured you gives can be monitored, controlled and we can be sure that it’s known about and used appropriately to protect you in your civil case. Contact our lawyers at (305) 476-7400 or contact our website at Colson.com for more information.