JENKINTOWN PERSONAL INJURY ATTORNEYS

You’re the victim of a drunk driving accident. You have significant injuries. Fortunately, the police respond to the scene to investigate. They charge the responsible driver with drunk driving. The district attorney prosecutes the case. Is that enough? Do you need to bring a civil claim if a drunk driver is criminally charged? Our Pennsylvania personal injury attorneys explain.

Yes, in many cases, it’s beneficial for the victim to do a civil claim even if a drunk driver is criminally charged. There are reasons that the criminal claim by itself doesn’t fully represent the victim’s rights and interests. However, a civil case is brought directly by the victim. It advances the victim’s own interests based on their actual losses and damages. A criminal drunk driving charge may be brought on behalf of society, but a victim typically needs to do a civil claim to fully receive justice even if the drunk driver is criminally charged.

Why bring a civil claim when the drunk driver faces criminal charges

There are several reasons why a civil claim truly represents the interests of a drunk driving victim. In a civil claim, the victim themselves files it and pursues it. They’re in charge of making major decisions about when to settle the case and how to present it in court. However, in a criminal trial, the district attorney makes these decisions. They may extend a settlement offer that the victim does not agree with. The defendant may or may not be found guilty, and you may not think that the sentence is fair. A civil claim puts the victim in the driver’s seat for how to pursue the case and when to accept a resolution. The victim may have representation from the Pennsylvania personal injury attorney of their choice.

Another reason to bring a civil claim is that there are damages that the victim can receive that are exclusive to a civil claim. In the criminal trial, the victim might receive compensation for their medical bills right after the crash. However, pain and suffering compensation isn’t going to be covered. Long-term medical damages are likely going to be left out. These things can greatly increase the claim value. Plus, the criminal court may not fully pursue collecting the restitution from the victim. These are all reasons to bring the civil claim.

Finally, the standards to win the civil claim are different than the criminal case. The district attorney must prove the case beyond a reasonable doubt. The civil case standard is only by a preponderance of the evidence. It’s possible to lose the criminal case but win the civil case.

Pennsylvania personal injury attorney for a drunk driving claim

A civil claim is necessary to ensure the victim receives the damages that they are due under the law. A Pennsylvania personal injury attorney can represent you in bringing a civil claim. By bringing the claim, the victim can receive justice. Contact our Pennsylvania personal injury attorney team today to talk about your case.