What is the Difference Between Criminal and Civil Penalties?

There are two primary categories of law within our country’s legal system, civil law and criminal law. Within both categories, legal penalties can ensue for any guilty parties. To understand civil penalties and criminal penalties, it is best to first review what civil and criminal cases are defined as under law. Continue reading to learn about civil and criminal cases, their penalties, and their differences.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

Civil and Criminal Cases

Civil cases are cases in which a person, company, organization, or corporation files a legal complaint against another entity; that entity being any of the above mentioned as well. Civil cases generally deal with legal disputes between private parties, or negligent acts that resulted in injury or damages. The party filing the complaint in a civil court is called the plaintiff, while the party responding to the complaint is the defendant. This process is called litigation. In civil litigation, the plaintiffs ask the courts to “right” a wrong-doing by the defendant. This usually means paying some form of remuneration or compensation to the plaintiff party, or some other form of civil penalty.

Criminal cases deal with actual crimes committed by a defendant, rather than “civil wrong-doings.” These cases are filed by the government, often times the State, and are represented by a state prosecutor. Regular citizens cannot file a criminal lawsuit against a defendant; they instead, can only report the crime and leave the rest up to the ruling branch of government. A defendant will be found guilty or not guilty by the state, with a guilty ruling resulting in criminal penalties.

Civil and Criminal Penalties

Crimes are acts that prohibited and punishable by the government, and fall into two main categories depending on their seriousness: felonies and misdemeanors. Felonies are the more serious types of crimes, rendering jail time of one year or more, and misdemeanors are less serious crimes, rendering sentences less than a year. Examples of criminal cases include murder, assault, battery, armed robbery, theft, arson, embezzlement, and similar crimes against society that affect public safety.

Criminal penalties are those that penalize defendants for committing such crimes. Criminal penalties mostly include capital punishment (death penalty), jail time, incarceration, probation, legal fees, revocation of certain licenses, loss of certain rights, loss of citizenship, retribution, rehabilitation, and more.

Civil “wrong-doings” are acts that cause another person or entity harm, damage, or trouble. Examples of civil cases include personal injury lawsuits, fraud, negligence, breach of contract, harassment, and other similar wrong-doings. In contrast to criminal penalties, civil penalties generally involve monetary payment, or a court order to do something or not do something (i.e. a corrective action or restraining order). Also in contrast to criminal penalties, civil penalties are handed down by a judge, or settled out of court by opposing insurance adjusters.

Consult a licensed personal injury attorney right away if you believe you or a loved one is a recent victim of a civil wrong-doing or negligent accident. You may be entitled to compensation for your damages. Damages include but are not limited to: lost wages, pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, and much more.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience practicing personal injury law. They are seasoned accident lawyers that can prevail for you and your family following a serious injury, accident, or loss. You may be owed compensation for such damages and more. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with Indianapolis personal injury lawyers that truly care.

Explanation of Negligence Per Se Claims

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant’s “duty of care”, prove that there was a “breach” of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a “negligence per se” case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.

Negligence Per Se

Negligence per se is a “cause of action” claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the “class” the law was set to protect; in this case, the public class.

To Prove Negligence Per Se, the Following Four Facts Must Be True:

1. A Safety Law was Violated

2. The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty

3. The Violated Law is Set to Protect the Public from the Type of Injury Inflicted

4. The Injured Victim is a Member of the Class that the Violated Law Protects

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family’s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity’s carelessness.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer you can trust. Partners, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers’ compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Personal Injury Settlement Checks

When a person is injured in an accident and sues for compensation, upon winning their case they should receive a financial settlement in the form of a check. This can take up to two years depending on the number of appeals, which is a common occurrence for personal injury lawsuits. Continue reading to learn about the process behind receiving a financial settlement after winning a personal injury lawsuit and more.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Order of Settlement

After a case is settled or a trial is won, a personal injury lawyer has the responsibility of relaying this information to the court. When the court is informed that a case has been settled, they issue an “order of settlement”, which obligates both parties to completing a series of settlement paperwork. Depending on the state or the court, this paperwork must be completed and returned to the court within 30 to 60 days. One of the most vital components to the settlement paperwork is the release.

Release Documents

The defense attorney is responsible for preparing the release document. It is a document that underlies and sets forth all the terms of the settlement. Although this document can be narrowed down to a few short pages, it is common for defense attorneys to take their time on a release document, filling it with thick legalese reaching up to 20 pages long or more. Upon completing this release document, the defense lawyer will send it to the plaintiff’s lawyer for approval.

A release can be completely honest and direct, or it can be quite objectionable. This is why the accident attorney needs to approve it before it is finalized. This segment of a personal injury settlement can take some time because both attorneys have to come to an agreement. It can take days or even weeks to come to a reasonable consensus, delaying the entire settlement process. But in the case that the two attorneys cannot agree on the release, they will ask a judge to make the decision for them.

Now, when the release is agreed upon by both lawyers, the personal injury lawyer will send the release document to their client to review it and sign it. It is common for clients to do this in the presence of a licensed notary, perhaps in triplicate, for this part of the process. It is important for injured clients to carefully read through the release and asking their lawyer any pertinent questions about the document before adding their signature in front of a public notary. This is because there is no opportunity to alter this document once it has been signed and sent back to the defense attorney.

The Settlement Check

A settlement check is sent directly to the client’s lawyer, not the client or their insurance company. Again, this can take a couple of years to actually receive in the mail, depending on the amount of appeals and the productivity of the appellate court. This check generally will have the names of both the client and the attorney. This means it will need to be endorsed by the client before it can be deposited into their lawyer’s client-trust account. Once in this account, the lawyer will deduct their share of the settlement, which should have been negotiated at the time of hire. Another check will be issued by the law firm to the client of the remaining settlement amount.

Clients should ask their attorneys for a copy of the settlement check, or all checks totaling the settlement amount, sent by the insurance company, as well as, a financial breakdown sheet of the settlement, BEFORE the check is deposited into an attorney client trust account. This is the lawful right of every personal injury client.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with a personal injury lawyer in Indianapolis about filing an accident claim, today. Lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished, seasoned accident attorneys with extensive trial and litigation experience. Our law firm offers free initial consultations and never collects lawyer fees unless we win your case. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Free Advice Regarding Slip and Fall Personal Injury Claims

Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

Slip, trip, and fall claims are prevalent in the world of personal injury law. Accidents like this happen when a person slips, trips, or falls, and seriously injures themselves, as a result of a particular hazard on other person or company’s property. Several hazards can cause these kinds of accidents to occur on private or public property, such as puddles, spills, leaks, torn carpeting, poor lighting, and more.

If you or a loved one was recently injured in a slip and fall accident on another person’s property, it is vital to consult a reputable and experienced personal injury lawyer that concentrates on these types of accident cases. They retain the proper resources and knowledge, as well as, litigation and trial experience, to represent slip and fall victims in order to recover full and fair compensation for their damages.

Continue reading for more free advice regarding slip and fall injury accidents, claims, and lawsuits.

Slip and Fall Accident Claims

Anyone who is seriously injured from a slip and fall accident on a property other than their own could very well have a valid personal injury claim. Determining a claim’s validity and proving fault involves several variables and extensive investigation. A judge, jury, or insurance company must be convinced that the owner of the property was negligent in some way that caused the hazardous condition to exist, and that the victim used reasonable care and could not foresee the hazardous, thus preventing injury. Again, many variables goes into finding fault, proving fault, and more. This is why it is vital to hire a proficient personal injury law firm to facilitate a slip and fall case effectively.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

Property owners have a responsibility to keep their premises safe for visitors and guests. They can be at-fault for a slip and fall accident if they knew about, or should’ve known about, a hazardous condition and neglected to address it. However, there are circumstances to slip and fall accidents in which the victim is at-fault and does not have a valid legal claim against another property or company. An example of this situation would be if a woman wearing high-heels on a snowy day walks into a grocery store displaying “wet floor” signs everywhere happens to slip and fall in a puddle of melted ice.

She would have a very weak case because she did not use reasonable care by wearing unfitting shoes in poor weather, as well as, ignoring wet floor signs that indicated a potentially hazardous condition. The grocery store did their part in this example by displaying wet floor signs to warn customers that the floor is slippery and to walk with caution. And there are certain elements in the law that protect property owners, under certain circumstances, from hazardous conditions caused by weather, or conditions they cannot reasonably prevent.

Filing a Slip and Fall Claim

If you or a loved one recently suffered serious injuries as a result of a slip and fall accident on another person’s property, you have the option of filing a slip and fall claim. During this filing process, evidence will be requested to prove that the owner of the property should have known, or did know, about the hazard that caused the accident to occur. To do this, hire a personal injury attorney that has experience in slip and fall lawsuits. They will provide comprehensive representation for all aspects of your slip and fall lawsuit. They can obtain compensation for damages related to your accident and injuries.

As for property owners, it is strongly encouraged to purchase insurance policies that protect you from paying out-of-pocket for slip and fall accident settlements. This is especially important for commercial properties, business owners, and offices. In addition to third-party insurance, simply implementing certain strategies and precautions can better protect visitors from harm, and safeguard property owners in the case of a slip and fall accident.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall accident claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek, as well as their proficient legal teams, are extensively experienced in slip and fall injury cases. They are happy to assess your case and determine if you have a valid legal claim. They offer free initial consultations and never collect lawyer fees unless they recover the full and fair compensation you and your family deserves. Call 317-881-2700 to schedule your free initial consultation today, and learn your rights following a slip and fall accident in Indianapolis, IN.