QUESTION
Can I file a Civil lawsuit following a criminal case?
Asked on Dec 29th, 2012 on Automobile Accidents - Michigan
More details to this question:
After a criminal matter being resolved (auto accident), can one commence a civil action?
15 ANSWERS
Yes, that happens all the time.
Answered on Jul 07th, 2013 at 10:30 PM
Yes.
Answered on May 28th, 2013 at 1:10 AM
Ronald A. Steinberg
Absolutely! Different parties, and different standards of proof. Often times, civil and criminal cases have the same facts. For example, if I walk up to you and punch you, I have committed a criminal assault and battery (typically a misdemeanor which has a jail sentence of less than one year). You can also sue me for your injuries and damages, and collect money.
Answered on Jan 28th, 2013 at 7:16 PM
If you file the civil lawsuit within the time limits allowed, yes. I have handled wrongful death matters which arose out of a truck/vehicle accident over which there was a criminal matter against the truck driver. Of course, if you were the one charged, and you lost in the criminal matter, that would not be good for you in the civil matter. I am assuming you mean the adverse driver was charged and convicted or tried criminally.
Answered on Jan 10th, 2013 at 8:08 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes very certainly.
Answered on Jan 09th, 2013 at 9:42 PM
Yes, so long as the civil suit is filed no more than two years after the accident [that is the statute of limitations in California]. So, make a note of the accident date, and as long as two years has not elapsed, you can file suit.
Answered on Jan 09th, 2013 at 1:06 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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Yes, if you have a cause of action against someone for injuring you in some way, you may sue whether or not the person has been charged with a crime in the same incident.? Remember O.J. Simpson, who was charged with double murder (and acquitted) but also sued by the family of one victim (and found liable). See a local personal injury attorney right away and take all evidence and information you have so that he or she can advise you.? Do not delay, because the statute of limitations can cut off your right to sue.
Answered on Jan 09th, 2013 at 7:26 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, if the statute of limitations has not run.
Answered on Jan 09th, 2013 at 7:12 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Ask OJ Simpson.
Answered on Jan 09th, 2013 at 6:25 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Yes, regardless of the outcome of the criminal matter, you can file civil case regarding your injuries. The criminal system is to punish those who commit crimes, whereas the civil system is to compensate injured parties for their injuries. In the OJ Simpson case, OJ was acquitted of the criminal charges, but then was found liable for the wrongful deaths of the two victims. However, if the defendant was found guilty in the criminal case that can mean an automatic finding of fault in the civil case. Complicated evidentiary issues that require counsel.
Answered on Jan 09th, 2013 at 6:16 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, provided that there is still time left on the statute of limitations and you can demonstrate injury. If there is a guilty plea or verdict, that can be used against the Defendant.
Answered on Jan 09th, 2013 at 5:51 AM
General Civil Trial Practice Attorney serving Oklahoma City, OK
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Denker & Associates, PLLC
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1 Award
Yes, provided you are still within the applicable period of time (statute of limitations) for filing a personal injury claim.
Answered on Jan 09th, 2013 at 5:34 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Absolutely. (In fact, that is normally the order in which they are done.)
Answered on Jan 09th, 2013 at 4:27 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Yes, provided that the suit is not barred by a statute of limitations (meaning that the event(s) giving you the reason to sue occurred not too long ago. For instance, if you intend to sue for negligence resulting in personal injury, in New York, you have to file the case within 3 years from the date of the accident.
Answered on Jan 09th, 2013 at 4:24 AM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Yes, so long as you file it within the applicable statute of limitations. There are different kinds of claims (and therefore different statutes of limitations) applicable to auto accidents. My best advice is to immediately contact an attorney if you want to pursue any potential claims you may have.
Answered on Jan 09th, 2013 at 4:22 AM