Most of the time, when personal injury lawyers refer to their cases, they’re referring to negligence cases. For example, they suffer a slip and fall at a grocery store and hurt their back. Or, they get into a car accident with someone who was driving drunk. In cases like this, your personal injury lawyer in Lawrenceville, GA can get you civil damages as long as you prove negligence.
In order to prove negligence, you need to show the following:
- The defendant owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the defendant’s breach
It’s typically rather easy to prove that the defendant owed you a duty of care. For example, a driver has to observe all traffic laws and exercise reasonable care when they get behind the wheel. A doctor has to make sure they exercise reasonable care when performing surgery.
But in some cases, there’s no negligence involved at all. In fact, some personal injury cases are the result of intentional acts. Some of these include:
- Assault and battery
- Attempted murder
It may seem strange to sue someone who’s already been charged with a crime, but it happens all the time. That doesn’t mean you’ll actually get anything. But sometimes it’s enough to make that person be held liable for their actions.
Is it Worth Filing Suit Against Your Attacker For Civil Damages in Lawrenceville?
Before you decide whether to file suit against the person who assaulted you, make sure you talk to an experienced personal injury lawyer in Lawrenceville, Georgia. The main point of filing suit is to get damages for your injuries. But if the person you sue has nothing, then it may not be worth wasting your time.
Your attorney can review the case and investigate to see if the defendant has any assets. These cases are different from most other personal injury cases because the defendant won’t have insurance. In car accident cases, the other driver has auto insurance that can cover your injuries. In premises liability cases, the property owner has homeowner’s insurance to pay your civil damages in Lawrenceville. This isn’t the case in assault cases.
As you can imagine, the kind of person who would attack someone doesn’t tend to have insurance. They also don’t tend to have assets. When you picture somebody who would beat another person or shoot them, you don’t picture someone who cares about a civil suit.
Can You Use the Criminal Charges in Your Civil Claim?
One good thing about this type of case is you can use proof of the criminal charges in your civil case. It helps if the defendant was actually convicted of the crime. You can show the jury proof of their conviction to demonstrate that they really did what you say they did.
For example, if someone shoots you during a convenience store robbery, they’ll probably be charged with a slew of crimes. If they’re convicted, then your personal injury lawyer in Lawrenceville will present a copy of their criminal record. Even if they’re not convicted, you can still use evidence from the crime scene to demonstrate that they caused your injuries.
The burden of proof in a criminal case is much higher than it is in a civil case. If you recall, O.J. Simpson was acquitted of the murder of Nicole Brown. However, her family did sue O.J. for wrongful death and won. Now, even in that case, the family may never recover any money because Simpson lost all of his assets. But that isn’t always the case.
What Kind of Civil Damages in Lawrenceville Will Your Attorney Demand?
If you’re able to prove your case, your attorney will demand certain damages. These may include any or all of the following:
- Medical bills and future medical bills
- Lost wages
- Lost future earnings
- Pain and suffering
- Emotional distress
- Permanent disability
Your damages will depend on the severity of your injuries. The worse your injuries, the greater your damages. Your Lawrenceville personal injury attorney will work hard to get you as much money as possible.
Contact an Experienced Personal Injury Lawyer in Lawrenceville, Georgia
If you or your loved one is injured in a crime, you may have a claim against the defendant. If you’re assaulted or robbed, there’s a good chance you could get hurt. This means you may have a legal claim against the criminal defendant. If you think this is the case, call our office and schedule an appointment today.