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Unraveling the Difference Between Civil and Criminal Personal Injury Claims

Personal injury civil vs criminal claims
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When you’re injured due to the negligence of another person, you may be entitled to compensation. But, the type of claim you can file depends on the circumstances of the incident. Generally, there are two types of personal injury claims: civil and criminal.

Civil personal injury claims are filed by the injured person or their family against the person or entity responsible for the injury. The goal of a civil claim is to seek financial compensation for the damages suffered.

Criminal personal injury claims are filed by the state or federal government against the person or entity responsible for the injury. The goal of a criminal claim is to punish the responsible party and to deter others from similar behavior.

In this article, we’ll explain the key differences between civil and criminal personal injury claims and how to protect your rights.

What is a Civil Personal Injury Claim?

A civil personal injury claim is a lawsuit filed by the injured person or their family against the person or entity responsible for the injury. The goal of a civil claim is to seek financial compensation for the damages suffered.

The most common type of civil personal injury claim is a negligence claim. Negligence occurs when someone fails to act in a reasonable manner and causes harm to another person. To prove negligence, the injured person must show that the responsible party had a duty of care, breached that duty, and caused the injury.

In a civil personal injury claim, the injured person must prove that the responsible party was negligent. If the injured person is successful, they may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages.

What is a Criminal Personal Injury Claim?

A criminal personal injury claim is a lawsuit filed by the state or federal government against the person or entity responsible for the injury. The goal of a criminal claim is to punish the responsible party and to deter others from similar behavior.

Criminal personal injury claims are typically based on intentional or reckless behavior. For example, if someone intentionally assaults another person, they may be charged with assault and battery. If someone drives recklessly and causes an accident, they may be charged with reckless driving.

In a criminal personal injury claim, the state or federal government must prove that the responsible party is guilty beyond a reasonable doubt. If the government is successful, the responsible party may be sentenced to jail time, fines, or other punishments.

How to Protect Your Rights

If you’ve been injured due to the negligence of another person, it’s important to take steps to protect your rights. Here are a few tips:

  • Seek medical attention. It’s important to seek medical attention as soon as possible after an injury. This will ensure that you receive the treatment you need and will help to document the extent of your injuries.
  • Gather evidence. If possible, take photos of the accident scene and any visible injuries. You should also get contact information from any witnesses. This evidence can be used to support your claim.
  • Consult an attorney. An experienced personal injury attorney can help you understand your rights and determine the best course of action.

Conclusion

Accidents happen, but it’s important to understand the difference between civil and criminal personal injury claims. Civil claims are filed by the injured person or their family and seek financial compensation for the damages suffered. Criminal claims are filed by the state or federal government and seek to punish the responsible party.

If you’ve been injured due to the negligence of another person, it’s important to take steps to protect your rights. Seek medical attention, gather evidence, and consult an experienced personal injury attorney. Doing so can help ensure that your rights are protected and that you receive the compensation you deserve.

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