How Criminal Cases Relate to Personal Injury Claims in Nevada

Some personal injury cases may involve criminal acts. Intentional torts often have criminal offenses tied to them. For example, assault, murder, harassment, battery, trespass, and intentional infliction of emotional distress are examples of crimes that could be involved in a personal injury case. Other criminal offenses could be tied to personal injury cases, such as driving under the influence.

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The police may arrest and charge the person who caused your injuries. If so, you may wonder how the criminal charges could impact your personal injury case. Below, Alex De Castroverde, a personal injury attorney in Las Vegas, answers the following questions about criminal cases involved in personal injury claims in Nevada.

What Is the Difference Between Criminal Cases and Personal Injury Cases?

Several distinct differences separate criminal cases and personal injury cases. Those differences include:

  • Criminal cases are heard by criminal courts, whereas civil courts hear personal injury cases.
  • A criminal defendant can be punished by the court with fines, probation, jail time, and other penalties if they are found guilty. The remedies in a personal injury case are monetary awards for economic and non-economic damages.
  • The state brings criminal charges. An injured party files a personal injury lawsuit.
  • The burden of proof in a criminal case (beyond a reasonable doubt) is higher than the burden in a personal injury case (by a preponderance of the evidence).
  • There are more damages for the injured party to recover in a personal injury case than restitution in a criminal case.

The time to bring a case may also differ. It depends on the criminal charges. The statute of limitations for most personal injury cases in Nevada is two years from the injury date. However, the statute of limitations for criminal cases ranges from one year to no limit (i.e., murder).

Can I File a Personal Injury Case in Nevada if There Is a Pending Criminal Case?

The person who caused your injury or accident may be arrested for a criminal offense. If so, you can still file a personal injury claim or lawsuit. The criminal case and the personal injury case are separate. Even if the criminal charges were dropped or the person was acquitted, you can proceed with your personal injury case.

It is important to remember that a criminal charge does not always result in civil liability. It is possible that someone could be guilty of a crime related to the circumstances that caused your accident, but not be liable for damages.

For example, a driver is involved in an accident while driving under the influence of alcohol. You would need to prove the driver caused the accident. It is possible that a drunk driver could be the victim of an accident caused by a sober driver.

Can Criminal Charges Help With Your Personal Injury Case?

Possibly. If you are injured in an accident with someone subsequently arrested for a crime, the criminal charges could be an element of your case. An attorney will prepare a personal injury claim based on negligence, intentional torts, or other personal injury grounds.

However, the attorney may also use negligence per se as an argument for liability in a personal injury case. Negligence per se argues that a person who committed a crime is automatically presumed to have breached their duty of care. Therefore, if they injure someone while committing the crime, they could be liable for damages.

Negligence per se can be useful in personal injury cases when the injured party does not have strong evidence proving causation and fault to establish negligence. Negligence per se argues that the person is negligent as a matter of law.

How Can a Nevada Personal Injury Lawyer Help?

Personal injury claims can be complicated. The case can become even more complex when you add that the at-fault party has been arrested.

Experienced personal injury attorneys in Nevada follow relevant criminal cases to monitor for evidence they can use in their personal injury cases. The attorney analyzes the criminal case and its outcome. If the person is convicted, they may use the conviction to argue negligence per se.

However, if the at-fault party is sent to jail, it could be impossible to collect a judgment. An attorney identifies other parties who may share liability. For example, a drunk truck driver causes a DUI accident for which they go to jail. Vicarious liability could hold the trucking company liable for damages caused by the accident even though the trucking company did not act negligently.

Schedule a Free Consultation With A Las Vegas Personal Injury Lawyer To Get Started

The best way to protect your rights is with trusted legal advice and counsel. Most personal injury lawyers offer free consultations. If your personal injury case involves a criminal case, you may want to take advantage of the free appointment to discuss your case with an attorney. 

Alex De Castroverde is the founder of De Castroverde Accident & Injury Lawyers. As a Las Vegas personal injury lawyer, he has over 100 years of combined experience handling all personal injury matters. Contact his Las Vegas law office today for a free consultation.