If you were convicted of an assault, in most cases while you stood trial, any actions taken to collect damages by the victim were put on pause until the criminal trial reached a resolution. If a victim of an assault claims to have suffered damages, they may seek to pursue compensation from you. In most cases, the victim’s lawyer will wait until a judgement has been made in your criminal case before pursuing a personal injury lawsuit through the civil court system. If you are facing this type of consequence after a conviction has been handed down, it’s important to speak with your lawyer for guidance in how best to move forward.
How long will it take to resolve a personal injury case that has been brought against me?
While you may be facing consequences as a result of your assault conviction, you may also be required to withstand a civil suit if the victim decides to take legal action against you. The timeline for these types of cases can vary. Much of the time, evidence from the criminal case may be presented in the civil case as well. It’s important to be aware that in civil cases the burden of proof is not as high. The victim’s lawyer will work to present evidence that supports the preponderance of evidence. Meaning that they only need to prove that it is more likely than not that the claims being made are true. Personal injury cases may take anywhere from a few months to a few years to resolve depending upon the circumstances that surround the case.
Why can a victim bring forth a personal injury lawsuit if I am already facing the consequences of a conviction?
It’s not uncommon for a victim of assault to pursue a personal injury lawsuit with a lawyer to collect damages they have suffered. In situations involving personal injury, damages often come in the form of monetary compensation. Damages that a victim may present in a personal injury lawsuit may include:
- Emotional Distress Damages
- Lost Wages
- Medical Expenses
- Punitive Damages
- Therapy Costs
The purpose for damages is to help make a victim feel whole again after the accident. Although you may have already received a conviction through the criminal court system, the victim may also pursue a personal injury lawsuit to recoup some of their losses.
What type of legal help can a lawyer provide?
If the victim of the assault has filed a personal injury lawsuit against you, it’s important that you retain legal representation as soon as possible. The legal system can be incredibly complicated. A lawyer can help to determine if the plaintiff has a valid legal claim against you by reviewing your case and strategizing a defense that works best based on your specific situation.
Looking for more information for how best to manage a personal injury lawsuit after an assault conviction? Contact a criminal defense lawyer as soon as possible to initiate the process and get the legal guidance you are in need of.
Source: Assault Lawyer Arlington, TX, Brandy Austin Law Firm, PLLC