The law plays an important role in protecting our civil liberties and holding wrongdoers accountable for their actions. When it comes to experiencing a personal injury, and the damage and losses that come with it, you might be wondering if your case is civil or criminal. Well, some personal injury cases involve both civil and criminal penalties, while others are strictly civil.

Continue reading to learn some facts about the difference between civil law and criminal law for better understanding of your personal injury case and what you might expect during your legal process.

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Facts About the American Legal System

The American legal system is primarily a common law system, which means that judicial decisions setting precedent are a primary source of law. However, the United States federal government and some states have adopted civil law systems in some respects. In a civil law system, courts base their decisions on codes and statutes rather than judicial precedents. There are two main types of courts in the American legal system: civil courts and criminal courts. Civil courts deal with disputes between individuals or businesses, while criminal courts deal with cases brought by the government against individuals or businesses accused of breaking the law.

While both civil and criminal courts follow similar procedures, there are some key differences between the two. For instance, in a criminal court, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant committed the crime. In a civil court, the burden of proof is on the plaintiff to prove by a preponderance of the evidence that the defendant is liable. Another key difference is that criminal courts can impose punishments such as jail time or fines, while civil courts can only issue orders such as requiring the payment of damages.

Criminal Law

Criminal law in the United States is defined by federal, state, and local statutes. Federal criminal law deals with crimes that are in violation of federal law. State criminal law deals with crimes that are in violation of state laws. Crimes are divided into two categories: misdemeanors and felonies. Misdemeanors are less serious crimes that are punishable by up to one year in jail. Felonies are more serious crimes that are punishable by more than one year in prison.

Civil Law

Civil law is the branch of law that deals with disputes between individuals and/or organizations, typically over issues like property ownership, contracts and personal injury. It is different from criminal law, which deals with offenses committed in violation of criminal statutes. In the United States, civil law is based on English common law and statutory law. This means that judges will often look to past court decisions (precedents) when ruling on a case as well as any applicable statutes. If there is no relevant precedent, they will use logic and reasoning (analogies) to come to a decision. Civil law is generally divided into two main categories: substantive law and procedural law. Substantive law deals with the rights and duties of parties involved in a dispute, while procedural law sets out the rules and procedures of the court that must be followed in order to have the dispute heard by a court.

Are you a Hoosier who is ready to learn your legal rights after being wrongly injured by a negligent party? C o ntact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana and Indiana residents injured in other states.

Personal injury attorneys are experts in helping people who have been injured due to someone else’s negligence. Tort law is a complex and ever-changing field, so it is important for potential clients to understand the process and what their rights are when filing an accident claim.

To help with this, here are some of the most frequently asked questions about personal injury claims that you should know before meeting with an Indianapolis personal injury lawyer.

Call 317-881-2700 to Speak With a Civil Lawyer in Indianapolis Indiana.

Frequently Asked Questions About Personal Injury Claims

What is a personal injury claim?

A personal injury case is whenever a person has wrongfully suffered an injury due to someone else’s negligence or unlawful intentions. Victims of personal injury can seek financial compensation by filing a personal injury claim or lawsuit. There are many different types of injury claims, ranging from premise liability claims to product liability claims, auto or trucking collisions, wrongful death cases and medical or legal malpractice cases. In these accident cases, the victim or plaintiff must be able to prove the defendant was at fault for their personal injury claim to be successful.

In all accident cases, like car accidents or worker’s compensation cases, legal assistance is necessary to present a strong argument in court. It is important for injured victims and/or personal injury clients to seek out the best possible legal representation for their individual case in order to get the best possible outcome for their unique situation.

How do I know if I have a personal injury case?

If you have been the victim of personal injury, you might be wondering if you have a legitimate personal injury case. To determine this, your best bet is to consult an experienced personal injury attorney. They can assess the strength of your claim and advise you on the best way to move forward. Some things an accident attorney will consider include the level of negligence involved in causing the personal injury, how extensive the damages or losses are, the related medical bills or losses incurred as a result of the personal injury, how long the person was injured, whether the injuries are permanent or not and if the applicable defendant or defendants had insurance company. Answering these questions with detail and accuracy can help your personal injury case become a winning one.

What are the time frames for filing a personal injury claim in civil court in the United States?

When filing a personal injury claim in civil court, there are often strict time frames associated with the process. Before initiating any legal proceedings, it is critical to be aware of the state’s and court’s timelines and seek clarification on all relevant requirements. Generally, personal injury claims need to be initiated within 2 years of the date of the incident; however, this can vary significantly depending on which state or territory you are residing in. In Indiana, the general statute of limitations is 2 years for most personal injury claims, excluding claims against governmental entities. Some injury claims have a 6 month deadline to be filed so it is recommended that you seek advice from a professional personal injury attorney in Indianapolis immediately after the incident that caused the injury to better understand your legal rights and obligations.

How does the process of filing a personal injury lawsuit work and what can I expect throughout the process?

When filing a personal injury lawsuit, it is important to understand the process and what you can expect as your case progresses. This can be a difficult and stressful experience, so it is important to work with experienced Indianapolis accident attorneys throughout the process. Generally speaking, the first step in filing a personal injury lawsuit for serious injuries is to consult with an attorney about liability and statute of limitations issues. Attorneys will advise their clients on how to proceed and will file the necessary documents.

During the personal injury lawsuit process, both parties will exchange evidence related to the case through their attorneys, such as documentation of damages, photos, police reports and medical bills. Additionally, all parties involved, including witnesses and expert testimonies, may be asked to testify or provide sworn affidavits depending on the circumstances. Throughout this process an injury attorney can help ensure that your rights are respected and that you receive the full compensation for your damages and losses.

What happens if my personal injury lawsuit goes to trial?

Most personal injury cases are settled and do not go all the way to a trial. If a trial occurs though, a trial marks the end of a personal injury lawsuit, unless the plaintiff or defendant file an appeal to a higher court following trial, which does not happen very often. During the trial, each side has an opportunity to explain their case and make their arguments in front of a judge or jury. A trial involves witnesses, testimony, exhibits and expert opinions. Ultimately, it is up to the judge or jury to decide if the plaintiff should be awarded damages against a defendant. It is almost always the defendant’s insurance carrier that actually pays the verdict against the defendant.

How much money can I expect to receive if my personal injury case is successful?

When weighing the settlement options of a successful personal injury case, it is important to remember that any settlement or compensation you receive will depend on the specific details of your case. This amount can range from a few thousand dollars for minor injuries to hundreds of thousands, even millions for more severe cases. All settlement amounts are determined by analyzing both economic and non-economic damages such as past and future medical expenses, lost wages, pain and suffering, among others. It’s important to be well-versed in these various components to have an accurate assessment of what type of settlement you may receive at the end of your personal injury case.

What are some things to keep in mind when considering whether to file a personal injury lawsuit after an accident?

When considering whether to file a personal injury lawsuit in Indiana after an accident, it is important to keep in mind the various factors involved. Firstly, it is important to determine if your injuries are serious enough that you should move forward with legal action. Secondly, you should seek advice from a qualified accident lawyer in Indianapolis who can assess the specifics of your individual situation and guide you through the legal process. Ultimately, filing a personal injury lawsuit should be an informed decision made carefully and thoughtfully; consulting experienced legal professionals can provide insight into the process and help make sure each step is handled properly.

Are you interested in discovering if you have the right to take legal action against a wrongdoer who caused your family or yourself harm? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced personal injury lawyer in Indianapolis, Indiana. We represent all Indiana residents injured in or out of state, including children and teenagers. We also represent persons from other states who are injured in Indiana.

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Tag Archives: Civil Lawyer Indianapolis

The Difference Between Civil Law and Criminal Law