Being charged with a felony can bring about serious consequences, but it does not necessarily prevent someone from seeking compensation in a personal injury lawsuit. In fact, even if you’re facing criminal charges, you still have the right to pursue a personal injury claim if another party’s negligence caused you harm.

Attorneys like our colleague at Archambault Criminal Defense can attest that while criminal charges and civil lawsuits operate independently in the legal system, they may impact one another in certain ways.

If you’re facing a felony charge and are wondering whether or not you can pursue a personal injury lawsuit, here’s what you should know.

Criminal Charges Vs. Civil Lawsuits

The first thing to understand is that criminal charges and civil lawsuits are two separate legal matters. A felony charge is brought by the state or federal government and is designed to punish unlawful behavior, such as assault, theft, or driving under the influence. A personal injury lawsuit, on the other hand, is a civil case brought by an individual (the plaintiff) seeking financial compensation for injuries caused by someone else’s negligence.

Even though both cases may arise from the same incident, such as an auto accident or a physical altercation, they are handled separately in court. This means that even if you’re facing a felony charge, it does not automatically prevent you from filing a personal injury lawsuit against the party responsible for your injuries. The outcome of the criminal case will not necessarily determine the outcome of the civil case.

Impact Of A Felony Charge On A Personal Injury Case

While a felony charge does not prevent you from filing a personal injury lawsuit, it can still affect your case.

For instance, the opposing party may use the criminal charge to challenge your credibility or argue that your own actions contributed to the injury. This is especially true in cases where the felony charge is directly related to the incident, such as a car accident where you were accused of reckless driving or driving under the influence.

In these situations, the defendant may argue that you were partly or fully responsible for the accident, which could affect the outcome of the personal injury case. However, even if you are found partially at fault, you may still be able to recover compensation under comparative negligence laws, which allow plaintiffs to receive damages as long as they are not primarily responsible for the incident.

The Timing Of The Lawsuit

Criminal cases typically take priority over civil cases, meaning your personal injury lawsuit may be delayed until the criminal matter is resolved. This can be beneficial in some cases, as the outcome of the criminal trial may influence the civil case, particularly if you get acquitted or your charges get dismissed.

However, you should also be mindful of the statute of limitations for personal injury claims in your state. The statute of limitations sets a deadline for filing a lawsuit, and if you miss that deadline, you may lose your right to seek compensation. It’s important to work with an attorney who can help you keep track of important deadlines.

Filing A Personal Injury Lawsuit While Facing Felony Charges

Timing, legal strategy, and the specifics of your case will play a key role in determining the best course of action.If you decide to pursue a personal injury lawsuit while facing felony charges, it’s important to have strong legal representation for both cases.

If you find yourself in this situation, working with knowledgeable representation can help you understand your options and protect your rights. Your criminal defense lawyer and personal injury attorney should work together to ensure that your rights are protected in both the criminal and civil courts. While the criminal case may focus on defending against the felony charge, the personal injury lawsuit will require gathering evidence to prove that another party’s negligence caused your injuries.

Working with a skilled legal team is crucial, as they can help you build a solid case for compensation even if you’re dealing with the challenges of a felony charge. An experienced felony lawyer can provide insight into how the criminal case may impact your civil claim and develop a strategy for your defense.

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