How is a personal injury case different from a criminal case?

Personal injury cases and criminal cases have several different distinctions. Some of these distinctions include injuries present, government involvement, and more. At Longo Biggs Injury Law, LLC, we can help you determine whether your case is a personal injury or a criminal case. Here are the differences you should know and more about our personal injury attorney:

Personal Injury Cases

In a personal injury case, the primary focus is seeking compensation for damages. These damages are typically results of another party’s negligence or intentional actions. These cases generally arise when someone sustains injuries due to a car accident, slip and fall, medical malpractice, or defective products. The injured party, typically known as the plaintiff, seeks financial restitution from the responsible party(the defendant).

Personal injury cases generally involve private disputes between individuals or entities. The burden of proof in these cases is typically less strict than in criminal cases. A plaintiff and their personal injury attorney should demonstrate that the defendant’s actions directly caused the injuries and resulting damages.

Our personal injury attorney can play a significant role in building a solid case for our client. We typically gather evidence, interview witnesses, consult experts, and negotiate with insurance companies to secure fair compensation.

Criminal Cases

The government generally brings criminal cases against an individual or entity accused of committing a crime. Criminal cases can involve violations of public laws and are typically prosecuted by government attorneys. The reason for criminal cases is not to obtain compensation for the victim but to address offenses against society.

Criminal cases can include a wide range of offenses, from misdemeanors like petty theft to felonies such as assault or murder. The burden of proof in criminal cases is typically higher. This can require the prosecution to prove the defendant’s guilt beyond a reasonable doubt. If convicted, the defendant may face penalties such as fines, probation, imprisonment, or a combination.

Individuals facing criminal charges have the right to legal representation, and defense attorneys play a significant role in safeguarding their clients’ rights. Defense strategies often involve challenging the prosecution’s evidence, questioning witness credibility, and exploring legal defenses to secure a favorable outcome.

Distinctions in Legal Proceedings

Another key difference lies in the legal proceedings themselves. In personal injury cases, disputes are generally resolved through civil litigation. Some parties involved may negotiate a settlement, or if an agreement cannot be reached, the case may proceed to trial, where a judge or jury determines the outcome.

The government may bring charges against the accused in criminal cases, initiating a criminal prosecution. A case may unfold in a criminal court. The court will appoint a defense attorney if the defendant cannot afford legal representation. Criminal cases can involve a series of court hearings, including arraignment, pre-trial motions, and, if necessary, a trial.

Personal Injury Attorney

At Longo Biggs Injury Law, LLC, we offer a personal injury attorney to help represent you during a personal injury case. You can contact us, and we can help determine your case type, whether it is criminal or personal injury. Contact us today to get legal representation.