Personal Injury Law and Criminal Law

Criminal and Personal Injury Law

There are situations where it seems like the personal injury claimant should receive greater compensation for the injuries because the defendant broke a law. There is a connection between personal injury law and criminal law, but the differences are significant and even though a personal injury attorney may practice personal injury and criminal defense, generally speaking personal injury attorneys do not practice criminal defense and criminal defense attorneys do not practice personal injury. There is a connection between personal injury laws or tort laws and criminal laws, primarily because personal injury concepts arose from criminal law, but today there are many distinctions. The personal injury attorney only handles civil matters in a personal injury claim and the state prosecutes for a crime if any. A defense personal injury attorney will defend personal injury claims while criminal defense attorneys will defend in criminal matters. The two areas of law are interconnected but at the same time they are treated separately. Often a crime leads to criminal prosecution and a personal injury claim. A personal injury attorney will also seek punitive damages when a crime results from the conduct leading to a personal injury claim. The interests between the personal injury law and the criminal law differ and personal injury attorneys will treat the case accordingly. Personal injury attorneys will not prosecute a crime and cannot and do not seek criminal prosecution on behalf of he personal injury claimant. The remedies available in a personal injury claim or under tort law and criminal law also differ. A crime is an offense against the public or the state and a representative of the state will bring proceedings against the wrongdoer for a crime. The personal injury claims is just that a personal injury claim with the interests limited to a personal party or parties. A crime is usually punishable through the loss of freedom, loss of privileges, and fines. In a personal injury claim a prive personal injury attorney will bring proceedings against the wrongdoer. The personal injury attorney will seek compensation for the victim of the injury. The intent of criminal proceedings is to vindicate the interests of the state, that is why the proceedings are always the people verses the wrongdoer. The goal is to punish the wrongdoer or take wrongdoer out of society temporarily or permanently and to rehabilitate the wrong doer. Generally speaking the criminal prosecutor is not concerned with any type of compensation to the injured party, but in California there is now a statutory schemed intended to compensate victims of crime, which has worked somewhat. The civil personal injury attorney is not required for the victim to make a claim in what is intended to compensate the injured and the intent is to compensate the injured person for the damages suffered as a result of the wrongdoer. The state never sues under a personal injury claim, but can and does sue for state property damaged by the defendant. There are instances where the same wrongful act leads to a crime and a tort, so the injured can bring a personal injury lawsuit and the state can bring criminal charges for the same act. The two legal proceedings can be brought simultaneously and have two different results. There are instances where the injured can be charged with an offense against the state and at the same time the injured can bring a separate personal injury lawsuit against the wrongdoer for personal injuries. When the personal injury claim arises from a truck, car, or bus accident the personal injury claimant is sometimes an unlicensed driver. In this instances the injured can bring a personal injury claim against the wrongdoer and recover for the harm done to the injured person, but at the same time the state can bring charges against the injured for not having a drivers’ license. Often the wrongful conduct leading to injury is so extreme that it approaches a crime, in such instances the injured may be entitled to additional compensation, which is intended to deter the type of conduct leading to the injury. The compensation is not really intended to be compensation, but really a punishment against the wrongdoer. These compensation awards are called punitive or exemplary damages and are designed to send a message out to society that the conduct will not be tolerated.

The concept of punitive damages compensation has been an area of debate in personal injury law, because of several factors. Some argue that punitive damages are undue compensation that goes beyond the criminal fine and as somewhat of a windfall for the injured. The state of California has statutes that now required that a portion of all punitive damage proceeds go to the state. In reality it is a myth that personal injury lawsuits regularly result in huge windfalls for the injured. The state budge for California has been affected in any significant way from punitive damage compensation awards simply, because punitive damage compensation is a rarity. Some argue that additional compensation for punitive damages arising from a personal injury claim are unfair in matters where the acts are the result of an employee or agents such as that of a corporation. A few states agree, but the majority of states impose liability on corporations when the actions leading to a personal injury claim and punitive damages are awarded are a result of an agent. One reason for awarding punitive damages in addition to compensatory damages against corporations is that it is an incentive to use care in the hiring of agents and employees. Not permitting exemplary damages against corporations would be an incentive to risk taking that would result in increased personal injury and other harms that would lead to no significant consequences. Another issue pertaining to punitive damages is the role of insurance companies. Insurance companies insure against personal injury caused to another and pay compensation for the injuries and other harms, but a few court decisions have held that insurance policies cover exemplary damages. In some states insurance policies specifically state and do not cover punitive damage awards. In California auto insurance policies do not cover exemplary damages in personal injury claims and create a conflict between their insured and their own interests. When there is an insured driver that drives while under the influence of alcohol or drugs and causes an accident the injured often brings a lawsuit for compensation and exemplary damages. Insurance companies always want to pay out as little as possible, but at the same time have a duty to protect their insured. The personal injury claimant has a right to compensation and exemplary damages if the matter is resolved with a jury trial. Punitive damages are considered a windfall for personal injury claimants and not a right so a jury may and has refrained from awarding punitive damage awards and judge may reduce punitive damage awards. The courts have consistently held that punitive damages have to bear some relationship to the award for the underlying personal injury claim. The United States Supreme Court has also held that extreme awards relative to the underlying award for a personal injury claim or compensatory award are unconstitutional.

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