Sometimes a victim is clueless about what to do after a car accident. However, the first step is to get proper medical treatment and inform their personal injury lawyer about the case. Although the lawyer will take care of the case, it’s important to have some general idea about the personal injury lawsuits.
In this article, I have shared whether a personal injury lawsuit is a civil or criminal case. However, you can learn more information on personal injury law in GA, but here you will clearly understand the difference between a criminal case, civil case, and what are personal injury lawsuits?
What is a Personal Injury Lawsuit?
A person can be a victim of an accident or injury. No matter how careful we are while driving, working at the workplace, or simply walking on the crosswalks, we can meet accidents and injuries. When a person gets injured, a personal injury lawsuit may arise if someone is responsible for the injury. Let’s understand the case with an example and what are the probable outcomes after an accident.
Assume that a person is involved in an accident that results in injury and that the injury is caused by someone else. Now, the victim can opt for a formal lawsuit or informal settlement.
Informal Settlement:
If the insurance company of the person responsible for the accident agrees to pay the bills by negotiating with the personal injury lawyer of the victim of the accident, it may not lead to a legal dispute. If the insurance company doesn’t agree to pay the amount that the victim demands or deserve, the victim can file a formal personal injury lawsuit.
Formal Lawsuit:
The injured party will then file a personal injury lawsuit against the party responsible for the accident. In this case, the person who caused the accident would compensate the injured person for lost wages, medical expenses, pain, and suffering.
Usually, personal injury cases are civil lawsuits. However, if the accident or injury is more serious and the person responsible for the accident has caused it intentionally or found to be intoxicated while driving, it can turn into a criminal case.
Personal Injury Lawsuit: Civil or Criminal Case
A personal injury lawsuit is generally a civil lawsuit. However, the law enforcement will investigate whether anyone committed any crime due to which the accident happened if there is any evidence of any criminal activity such as drunk driving, reckless driving, hit-and-run case, etc. In such cases, the personal injury coincides with a criminal charge. Learn more about criminal vs. civil lawsuits.
However, personal injury cases are not only limited to car accident cases. There are other types of personal injury cases such as:
- Slip and Fall Injury: In this type of personal injury case, a person slips and falls that cause the injury. It can be inside a retail store or office, or godown. The victim will get compensation for the injury.
- Workplace Injury: Injuries caused at the workplace within duty hours are also a personal injury case. Here the company will be held responsible for the injury and has to pay the compensation and other employee benefits like retaining the job.
- Medical Malpractice Cases: It is also a personal injury case if an injury occurs as a result of medical malpractice or a lack of resources inside the hospital.
- Defective Product: If someone gets injured due to any defective product, the manufacturer will be held responsible for the loss and injury.
All of these personal injury cases are civil lawsuits, but if there are any criminal activities involved and they are proven through the investigation, they will become criminal cases.
Final Thoughts:
Hopefully, the above information has helped you to understand whether the personal injury lawsuits are civil or criminal cases. So, it’s important to consult a reputed and well-qualified personal injury lawyer when someone meets an accident. Lastly, don’t forget to share your opinion on this post in the comments section.
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