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Can I Sue if the At-Fault Party Went to Jail?

Another person’s carelessness can lead to serious injuries that can impact you for a lifetime. You may have considered a lawsuit, but now, they’re facing criminal charges for their actions. They may even already be in jail for the damage they caused. You can speak to an NYC personal injury lawyer to help you get the compensation you’re due for the suffering you experienced.

Even if the at-fault party is in jail, you may be eligible for compensation that covers the costs of your injuries. The lawyers at Greenstein & Milbauer, LLP can help you determine your next steps.

Criminal vs. Civil Charges

When someone injures you, you may be due compensation in civil court for the damages you suffered. But if they’ve faced criminal charges already, you may be worried that you’re no longer eligible to sue.

But the criminal and civil court systems are separate. That means you can take the at-fault party to court after they’ve been arrested for a crime. The only thing to know is that the criminal charges will take priority. But that doesn’t have to stop you from taking action—your lawyer can help you prepare and use the evidence from the courtroom in your favor.

Proving Negligence in Your Personal Injury Claim

When you’re hurt in a serious accident, your first step in preparing for the courtroom may be to prove that the at-fault party should compensate you for your suffering. You’ll need to prove they were careless with your safety, and that carelessness led to your injuries. Luckily, their criminal case may give you plenty of evidence to work with.

For example, let’s say the at-fault party was drinking and driving. They may have already been arrested for driving under the influence. If they caused a crash that injured you, your lawyer can use evidence from the DUI case to prove they’re at fault for your injuries.

Compensation When You’re Hurt

But how much does the at-fault party owe you for your injuries? Calculating these damages or hardships caused by the accident can be difficult. You may be due compensation for both the economic and non-economic damages you suffered in the accident.

Your economic damages may be deceptively easy to calculate. For example, you may already know what medical bills you’ve accrued. But that doesn’t account for the future damages you may suffer for your injuries.

That also doesn’t account for the intangible suffering your non-economic damages should cover. For example, how do you place a value on pain and suffering? Talk to your lawyer about the tools you need to calculate the value of your claim.

Take Action with a Personal Injury Lawyer

When you’re hurt because someone was careless, you may be eligible for compensation. But that may be more complicated when the at-fault party has been sent to jail for breaking the law. So how do you get compensated for the suffering they caused?

If you were injured by someone who is now in jail, you may still have grounds for a lawsuit. At Greenstein & Milbauer, LLP, we offer free consultations, so you know what to expect and what we can do for you when someone injures you. Reach out by calling 1-800-VICTIM2 (842-8462) or by completing the online contact form below. 

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