Wednesday, February 13, 2008

From Criminal Action to Civil Litigation

Did you know that you may still file a course of action after losing from a crime lawsuit? Yes, crime victims may in fact resort to civil litigation in order to attain recovery and redress for their grievances.

A publication of the Department of Justice explains at length the principles surrounding a crime charge leading to a civil suit. This was entitled, “Civil Legal Remedies for Crime Victims”. It provides detailed information on another legal option for victims of crime.

Civil litigation is an effective and reliable legal remedy for crime victims whose perpetrators were not prosecuted or convicted by the prosecution. It is an extra tool which can provide victims of crime an alternative for financial recovery.

Aggrieved individuals of crime may find their way into the civil courtroom in order to obtain justice through monetary compensation which the criminal court has denied them by failing to convict the perpetrator. Since a criminal act consequently involves injuries, damages and losses to a victim, it actually results to a ground for personal injury.

A crime may result to a personal injury when the act causes any damages to the person, property, rights or reputation of the victim. Since personal injury covers a vast area of law, it affords crime victims of protection and rights as well.

Crime victims also suffer from the injuries sustained by a tort claimant. They go through the same physical, psychological, and financial injuries brought about by the wrongdoing of another. A crime victim has the right as well to demand and recover for the expenses he has incurred like therapy, medication, treatment, surgery and other medical-related costs. Other applicable general and special damages can also be awarded to a crime victim who decides to pursue a civil lawsuit.

As victims of both crime and civil tort, they have the legal rights to call on a legal counsel to represent them with their personal injury case. As plaintiffs, they must be able to prove liability through preponderance of the evidence. Personal injury trial attorneys help injured individuals prove tort liability of the criminal offender.