Getting injured in a wreck is bad, but being hurt because of criminally negligent behavior might be even worse. Sorting out the various charges, courts, and cases can be confusing, but a short explanation of the difference between civil and criminal law might help clear matters up. Read on to learn more.

When an accident scene is also a crime scene

Even the most horrific car accidents may be cases of a driver's carelessness, and while careless actions while driving can result in major problems, it doesn't mean a crime has been committed. Breaking a traffic law might lead to criminal charges, but in most cases, it was an accident, and there was no real wrong-doing intended.

If certain laws are broken just before or during a wreck, it can mean criminal charges for the driver of the other car. Excessive speed, driving while under the influence, and purposely driving with the intent of causing an accident are all very serious offenses. If there are injuries or a death as a result of the accident, the driver may face homicide charges.

In some states, a driver who is found to be driving while intoxicated and causes a wreck can be charged with manslaughter if someone dies as a result. If there were criminal charges or if the other driver received a traffic citation, you might be looking at an enhanced civil case as a result of the criminal case.

Civil damages

You cannot be paid compensation from a criminal case alone, but the fact that a criminal case exists can help add credence to your civil claim. Taking civil action against the driver means a personal injury case, and using civil law you can expect to be monetarily compensated for your damages. Civil cases have a much lower burden of proof than criminal cases, but the wrongdoer cannot be sentenced to jail in a civil case

Some common forms of damages you can expect to receive in civil court are:

1. Medical treatment costs

2. Replacement or repair of your car and other personal belongings

3. Lost wages from missed work, even if you had to use your sick leave and vacation time

4. Pain and suffering, which is compensation for the general discomfort and misery that accompanies dealing with a car wreck with injuries

Whether your accident involved criminal actions or not, you deserve to be compensated for your injuries so speak to a personal injury attorney for more information.

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