If you are injured in an accident and plan to sue in a personal injury lawsuit, you may be already going through a lot of pain, stress and anxiety. However, if someone was at fault, you may be wondering that the person will be punished in your case.
We will address this concern in the following article. But, if you were hurt in an accident and have a valid case, the facts and circumstances surrounding the accident will play a huge role. The best step to take after an accident occurs is retaining Brandon J. Broderick, Personal Injury Attorney at Law. We have helped countless accident victims get the compensation they deserve and hold liable parties responsible.
Will the Liable Party Be Criminally Punished in a Personal Injury Case?
The answer is no, because criminal cases — not civil cases — are the type of cases that result in punishment. A defendant in a civil action for personal injury is not subject to a jail sentence or a severe financial fine as a form of punishment. A personal injury lawsuit belongs in the category of civil conflicts, whereas that is an illustration of a criminal judgment.
Punitive damages, on the other hand, may be granted by juries and courts in situations when the offender intentionally caused harm to the plaintiff. These types of damages are rarely given out though.
Whether or not a criminal action is taken against a party that has caused you harm depends on the circumstances. If the action was intentional in an effort to hurt you, criminal charges may be filed with the police. However, this isn't a part of the personal injury process.
What Does a Typical Personal Injury Case Look Like?
Will the party responsible for your injuries be punished? The most common cause of personal injury claims are auto accidents. These types of accidents are a good example of what tort law looks like. If a driver injures you while on the road in a "fault" state, you may have a negligence claim because drivers are required to take reasonable care at all times to protect others on the road. According to personal injury law, if they breach that responsibility and cause injury, you are entitled to compensation for your losses. However, in states with no-fault rules, such as New York, regardless of who is at fault, the victim's own insurance covers their losses unless you file a personal injury lawsuit.
Negligence encompasses far more than lawsuits resulting from car accidents. It serves as the basis for the majority of personal injury cases, including medical malpractice claims, construction site accidents and more.
Speak with a Personal Injury Lawyer at Brandon J. Broderick About Your Case
The auto accident or personal injury attorneys at Brandon J. Broderick, Attorney at Law can assist you in understanding your case and the compensation to which you are entitled. Favorable verdicts and settlements have been awarded to many of our clients. If you are in need, don't wait to give us a call.
For a FREE case review, call us immediately. We can go into further depth about how our experience and legal expertise can get you what you need to move on with your life.