Injuries sustained due to accidents or intentional acts can often lead to personal injury claims. However, in some cases, these injuries are not just civil matters; they can intersect with criminal law. When injuries occur as a result of criminal actions—such as assault, battery, or reckless driving—criminal charges may also be brought against the responsible party. Understanding how personal injury law and criminal law intersect can help victims better navigate the legal system and pursue justice.

Personal Injury Law vs Criminal Law 

Personal injury law focuses on providing compensation for individuals who suffer harm due to the negligence or wrongful conduct of others. Common personal injury cases involve car accidents, slip and falls, workplace injuries, and medical malpractice. In these cases, the injured party typically seeks financial compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the accident.

Criminal law involves the prosecution of individuals accused of committing crimes, ranging from misdemeanors to felonies. The government (often the state or federal authorities) presses criminal charges against the accused, and if convicted, the defendant faces criminal penalties such as imprisonment, fines, or probation. Criminal cases are focused on punishing wrongdoers and deterring future crimes.

So when do the two intersect? 

In certain situations, an injury may result in criminal charges against the responsible party, especially if the injury was caused by an intentional act or criminal negligence. Here are some common scenarios where personal injury and criminal law intersect:

1. Assault and Battery

Assault and battery are criminal offenses that can result in significant injury.

• Assault generally refers to the threat or attempt to harm someone, while battery involves actual physical harm. If a person is injured due to a physical attack or a violent confrontation, the perpetrator may face criminal charges for battery, in addition to a civil personal injury claim.
• A personal injury lawsuit can seek compensation for the victim's medical bills, pain and suffering, and emotional distress, while the criminal case focuses on punishment and deterrence.

For example, if a person is punched in the face and suffers a broken nose, the attacker could face criminal charges for battery, and the victim could file a personal injury claim for the physical harm caused.

2. Driving Under the Influence (DUI) Accidents

When an individual causes an accident while driving under the influence of alcohol or drugs, the responsible driver may face both criminal charges and a personal injury lawsuit.

• Criminal Case: The driver could be charged with DUI, vehicular manslaughter (if a fatality occurred), or reckless driving. The goal of the criminal case is to punish the defendant and prevent future impaired driving.
• Personal Injury Claim: The injured party or their family (in case of death) can file a personal injury claim seeking compensation for medical expenses, lost wages, and emotional distress caused by the accident.

In DUI accidents, the fact that the driver was impaired at the time of the crash can be a key factor in both the criminal and civil cases. The criminal case focuses on holding the driver accountable for their actions, while the personal injury case seeks compensation for the victim's losses.

3. Domestic Violence and Injury

In cases of domestic violence, physical harm inflicted during a violent encounter can result in both criminal charges and a personal injury claim.

• Criminal Case: The perpetrator could face charges for assault, battery, or even more serious charges like aggravated assault or attempted murder.
• Personal Injury Claim: The victim can pursue a civil lawsuit for damages stemming from physical and emotional injuries caused by the abuse.

In domestic violence cases, the victim may also seek a restraining order or other legal protections, in addition to compensation for their injuries.

4. Reckless or Negligent Behavior Leading to Injury

Criminal charges can arise from actions that are reckless or criminally negligent. For example, if someone engages in dangerous conduct, such as speeding excessively or texting while driving, and causes a car accident resulting in injury, they may face criminal charges for reckless driving.

• Criminal Case: The defendant may face charges for reckless driving, negligent driving, or endangerment.
• Personal Injury Claim: The injured party can file a civil lawsuit to recover damages for medical expenses, lost income, and pain and suffering.

In these cases, the criminal case may act as a deterrent, while the personal injury lawsuit helps compensate the victim for their losses.

5. Intentional Torts with Criminal Elements

Certain intentional torts, such as fraud or intentional infliction of emotional distress, may also have criminal elements. For instance, if someone intentionally causes another person emotional harm, or fraudulently induces them into an accident, the victim can pursue both a criminal case and a personal injury claim.

• Criminal Case: In some cases, the defendant may be prosecuted for criminal conduct related to the injury.
• Personal Injury Claim: The victim can file a lawsuit for damages resulting from the harm caused by the defendant's intentional actions.

A real-world example of this happened in 2014, when the former CEO of the Peanut Corporation of America, Stewart Parnell, was found guilty of knowingly shipping out salmonella-contaminated peanut products. In various emails, it was found that multiple company executives were aware of the presence of salmonella in their products, but intentionally fabricated salmonella test records and instructed them to be shipped out regardless - resulting in over 700 reported cases of salmonella poisoning and 9 deaths. He found guilty of fraud, conspiracy, obstruction of justice, among 67 other felonies - and sentenced to 28 years in prison, the harshest sentence handed down to an executive related to a foodborne illness outbreak. Not only that, an insurance policy held by Peanut Corporation of America's shelled out over $12 million dollars to victims, with the company itself eventually declaring bankruptcy and shutting down.

The Differences Between Personal Injury and Criminal Cases

Though both personal injury claims and criminal cases may arise from the same incident, they are separate legal processes with distinct goals:

• Criminal Cases: The government (state or federal) prosecutes the defendant with the goal of punishing criminal behavior. The focus is on criminal liability, and if the defendant is convicted, they may face jail time, fines, or other penalties.
• Personal Injury Claims: The injured party (plaintiff) files a lawsuit against the defendant, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. The focus is on obtaining monetary compensation for the harm caused.

Even if the defendant is not convicted in a criminal case, the injured party can still prevail in a personal injury lawsuit. The burden of proof in a criminal case (beyond a reasonable doubt) is higher than in a civil case (preponderance of the evidence), meaning a defendant may be acquitted in criminal court but still be found liable in a civil case.

Why You Should Consult an Attorney

If you've been injured in an incident where criminal charges may be involved, it's crucial to consult an attorney. A personal injury lawyer can help you navigate both the civil and criminal aspects of the case, ensuring that your legal rights are protected and that you pursue the appropriate compensation for your injuries. An experienced lawyer can also help coordinate with law enforcement or prosecutors to ensure that the criminal case is properly handled.

Conclusion

The intersection of personal injury and criminal law is a complex but important aspect of the legal system. When injuries result from criminal acts, victims have the opportunity to seek justice through both criminal charges and personal injury lawsuits. Understanding how these two areas of law work together can help victims better protect their rights and pursue the compensation they deserve. If you find yourself in a situation where criminal and civil legal issues overlap, consulting with an experienced attorney can help you navigate this challenging process.