Can a Criminal Conviction Benefit My Houston Injury Case?
Criminal convictions can definitely make an impact on the legal lawsuit. They give the presumption that the attacker has done the same things previously and he is rightly claimed for their wrongdoings now. The courts and insurance companies check the history of attackers and victims to get an idea of their history. If one of them has a criminal record, they will assume that they were at fault this time as well. If you are fighting a legal battle, make sure not to have criminal convictions.
Most people, when fighting for their legal rights, asks Can a Criminal Conviction Benefit My Houston Injury Case?. So the answer is yes, but we will figure out why in this blog.
Assumption of Negligence:
Most jury members in the courtroom will make a presumption even without hearing your case, that you were at fault when they see criminal records. Having criminal records makes it more challenging to prove your point. But, when the opposite party has a criminal conviction, you will be one step ahead, as the courts will listen to you by giving you the benefit of the doubt. They will cross question the one with the criminal conviction regarding the previous case as well.
Courts will assume that the individual with criminal conviction was at fault, and their negligence resulted in the accident. So such individuals usually have to pay for the compensation amount. Although criminal conviction can benefit your case to a large extent, it will still not be enough alone to make you win the legal lawsuit. You will need the guidance and help of the legal attorney to prove your point in the courts to get the desired compensation. To hire the right legal attorney according to your needs, you can search for an accident lawyer near me.
Establishing liability is very important in legal claims. When the opposite part has criminal records, this means you are one step ahead of them in proving your point and achieving the goal which you desire. The courts will check the history of the criminally convicted person and then check your injuries. If they have the same record of injuring someone previously as well, this will show the negligence and continuous wrongdoing of the attacker. Continuously making the same legal fault can show that the fault lies in the person.
For example, if you were involved in a car accident caused by a drunk driver who was subsequently convicted of driving under the influence (DUI), that conviction can be a critical piece of evidence in your personal injury case. It demonstrates that the driver’s actions were not only unlawful but also dangerous, leading to the accident and your injuries. This will prove to be beneficial for your legal claim.
In essence, a criminal conviction shifts the burden of proof in your favor. Instead of having to prove the defendant’s negligence or wrongdoing from scratch, you can point to the criminal conviction as strong evidence that they were indeed at fault for the incident that caused your injuries.
However, it’s essential to understand that a criminal conviction alone does not guarantee success in your civil lawsuit. While it can be highly persuasive, the civil court will still require you to demonstrate your damages and the extent of your injuries. Moreover, the defendant may have defenses or mitigating circumstances that can be raised in the civil case, even if they were convicted criminally.
Criminal vs. Civil Cases:
In any personal injury lawsuit, you should know the difference between criminal cases and civil cases to avoid confusion in case you have been charged with a crime before. Most people confuse both of them which results in major blunders later on.
Government initiates criminal cases directed at punishing people who transgress laws. In criminal matters, it is extremely tough for the state to establish the guilt of an accused person through reasonable doubts.
On the contrary, civil suits are brought by persons who either want to be compensated for damages or injuries that have been incurred as a result of somebody’s wrongful acts. In general, the standard of proof in civil matters is a preponderance of evidence rather than reasonable doubt required in criminal proceedings. Therefore, the proof needs to prove beyond reasonable doubt that it was highly improbable that there was no liability in the injury inflicted on the plaintiff by the defendant.
Firstly, the aims of each case differ. In criminal cases, the guilty person might face a punishment such as fine, imprisonment, or probation, while in civil cases, compensation is meant for the injured party.
Although criminal conviction has many benefits, when the attacker has more proof than the victim, they still have the chance to win the legal lawsuit. This shows the benefits of legal evidence that shows you were not at fault. Moreover, the individual with a criminal record will come with more preparation during the court trial as they know the scenario and have experienced it before as well. They will know how legal procedures are conducted and how to protect themselves from claims.
In conclusion, we can say that if the opposite party has criminal conviction , it can benefit your case. But, you will still need a legal attorney who can guide you through the process. Legal attorneys are the backbone of the legal lawsuit and they know exactly what can be beneficial for your legal lawsuit. The right legal attorney will investigate the legal lawsuit on your behalf, do all the paperwork and make negotiations on their client’s behalf. You can consult the best for your legal rights by calling at (281) 609-9224.