Personal Injury Lawsuits Take a Backseat to Criminal Cases

Unless you are a policy wonk, you have probably read many more news stories about criminal trials than about civil lawsuits. Yes, Supreme Court decisions arising from civil matters affect our daily lives even decades after they were issued; to name just one famous example, Brown v. Board of Education was not about a criminal case. Other moms at your child’s school bus stop may recommend their favorite true crime podcasts, but no one has a favorite true personal injury lawsuit podcast; such podcasts exist only in the imagination of lawyers who have lingered too long at a work social happy hour. Likewise, it is only in criminal cases where a jury trial is a fundamental right, and where the court can only rule against the defendant if the jury finds the defendant guilty beyond a reasonable doubt. In other words, the due process afforded to defendants in criminal cases is more elaborate. In some cases, a criminal case and a personal injury lawsuit might arise from the same act of negligence, and while the outcome of the criminal case affects the outcome of the civil case, the reverse is not true. If the state has filed criminal charges against the person who caused the accident that injured you, and you are considering filing a personal injury lawsuit in civil court, contact a Fort Lauderdale personal injury attorney.

Plaintiffs in Personal Injury Cases Stay in Limbo While Criminal Cases Related to the Accident Are Pending

In Florida, the statute of limitations for filing a civil lawsuit related to a personal injury is two years from the date that you sustained the injury. You must meet this deadline in order for the court to consider your lawsuit, but it is possible that the case will stagnate in limbo for a long time after you file. This can happen for a variety of reasons, including but not limited to criminal cases against the defendant that you are suing in civil court.

If the criminal court convicts the defendant, it is an automatic ruling in favor of the plaintiff in civil court, but if the defendant is acquitted or pleads no contest, the civil case can go either way. Therefore, defendants who plead not guilty might be willing to settle their civil cases before the case goes to trial.

Sometimes things are more complicated than that, though. Tanner Dashner was charged with vehicular homicide after an accident in which five people died. He pleaded not guilty and went free on bail. While he was free on bail, he caused another accident which injured Melanie Bowmaster, a pedestrian; he did not face criminal charges for this accident. Bowmaster filed a personal injury lawsuit against Dashner and against his parents, who owned the car he was driving when he struck her. Her lawsuit could not reach a resolution until the jury returned a verdict in the vehicular homicide case.

Set Up a Consultation Today

A personal injury lawyer can help you if you want to file a personal injury lawsuit, and the defendant’s criminal case is pending.  Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-9919 to explore your potential recovery options today.

Source:

wptv.com/news/region-st-lucie-county/fort-pierce/tanner-dashner-fort-pierce-man-accused-of-killing-5-in-crash-now-being-sued-for-hitting-pedestrian