Legal issues often don’t come one at a time. It’s not uncommon for someone dealing with a personal injury to also face criminal charges related to the same event—or vice versa. Whether you’re recovering from an accident or responding to an arrest, knowing your options matters.
Our friends at Brown Paindiris & Scott, LLP discuss how a person can manage both a personal injury claim and a criminal charge at once—and how the decisions made in one case may affect the other.
When Criminal Charges And Injury Claims Overlap
There are situations where a single event triggers both a criminal investigation and a personal injury case. For example, someone accused of assault may also be recovering from injuries they claim were caused in self-defense. Or, a person injured in a DUI crash may also be charged with impaired driving. Or, a person is injured while getting arrested or while in custody.
Many people do not realize that someone who has been charged with a crime, can also be sued in a civil lawsuit. As well, a person charged with a crime can file a separate civil claim against someone or an entity that was involved in their arrest or detention.
In these types of cases, it’s important to know that statements made in a criminal case—whether in court or to police—can affect a later injury claim. That’s why it’s critical to think carefully before making any public or written statements.
How Timing Impacts Both Cases
Injury cases and criminal charges typically move on different timelines. A criminal trial often happens more quickly, especially if someone is being held in custody. Personal injury claims, on the other hand, may take months or longer as medical treatment continues and evidence is gathered.
While the criminal court may reach a decision sooner, that outcome can influence the civil case. A conviction might be used as evidence in a related personal injury lawsuit, while an acquittal could help support your side of the story in a claim for damages.
Protecting Your Rights On Both Sides
Working with legal counsel who understands both types of law can help prevent mistakes. If you speak with law enforcement or insurance companies without guidance, you might unknowingly harm one of your cases. For example, accepting responsibility in a police interview could be used against you in a civil lawsuit—even if your intention was only to cooperate.
Injury claims also involve insurance investigators, adjusters, and medical records. All of these can be used—or misused—by the other side in a criminal case. Being cautious about how information is shared between the two cases is a key part of protecting your rights.
Coordinating Legal Strategy
While criminal and injury cases are handled in separate courts, they can impact each other in real ways. That’s why it’s wise to coordinate the approach to both. This might involve delaying a civil lawsuit until the criminal matter is resolved or using evidence from one proceeding to help support the other.
An experienced criminal defense lawyer can work alongside your personal injury attorney to keep the strategy aligned. Even though each lawyer has a different role, both have a shared goal—defending your interests and helping you move forward.
Moving Forward After Legal Challenges
Facing legal problems on multiple fronts is stressful, especially when injuries or criminal charges are involved. But with careful planning and support from professionals who understand both areas of the law, it is possible to manage the process and work toward a fair result.
Whether the starting point is a serious injury or a criminal charge, your decisions matter.
With the help of an attorney or a few attorneys, being informed and understanding what your options are as soon as possible can help you to protect yourself and the future of both of your cases.
