Can I Go to Jail for My Personal Injury Accident?

Any personal injury will be a difficult and stressful situation, and victims must know their rights when it comes to seeking compensation. If another person or other entity was negligent and these irresponsible action harmed others, the liable parties should be held accountable for their actions. Sometimes, victims may hesitate to initiate legal actions because they had some degree of fault in the incident. They may also have some misconceptions about personal injury cases.

In some personal injury cases , the victim filing charges may hold some degree of responsibility for the incident. For example, consider a traffic collision in which one driver was talking on the phone when he or she was hit by another vehicle speeding through a stop sign. The first driver is seriously injured and files a claim against the person who was speeding. Depending on the circumstances, a judge may decide that the plaintiff is partially responsible for the incident, since he or she may have avoided the collision had he or she not been using a phone.

Every circumstance is different, but in this example, the judge may decide that the plaintiff is 10% responsible for the accident. Most states follow a comparative or contributory negligence law in which a plaintiff’s total compensation may be reduced by his or her percentage of fault in the incident. For the above example, if the plaintiff wins the case, he or she would be awarded the total amount of damages minus the 10% fault percentage. This is a general example, and every personal injury case will be different.

Some people may think they will face penalties if they do not win a personal injury lawsuit. Personal injury cases are civil actions, and criminal law only comes into play if one or both parties were engaged in any type of criminal activity during the incident in question.

If you present false testimony or attempt to hide any potential responsibility you may have had in the incident, you risk future criminal charges. Depending on your situation, the defendant may attempt a counterclaim or countersuit against you to offset the cost of damages in your case. As long as you provide truthful testimony and successfully prove negligence, a competent lawyer can navigate the details of your personal injury case.

If the defendant was involved in any type of illegal activity that contributed to your accident, such as operating a vehicle under the influence of drugs or alcohol , he or she may face criminal charges for breaking the law. When this happens, the judge may decide that the victim is entitled to punitive damages for the defendant’s illegal actions.

Every personal injury case is unique and will have many variables to consider. A skilled attorney will make the process much more bearable. The legal experts of Gordon, Elias & Seely are committed to comprehensive and compassionate legal representation for all of our clients, and we will work to ensure your case is completely covered.

We pursue every avenue of compensation possible for clients in any personal injury situation and work to obtain the maximum settlement. Although every attorney’s first priority should be to keep a case from requiring extensive litigation, we have the resources and experience to handle any case that needs to go to trial. If you have been injured by someone else’s negligence or reckless actions, pursue just compensation. If you have any questions about filing a personal injury case or want to start reviewing your claim today, reach out to the experts at Gordon, Elias & Seely.

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