Welcome to Florida, where the beaches are hot, the gators are bold, and the legal system? It can become complicated, especially when criminal charges overlap with a personal injury case. If you are injured in an incident that also involves criminal conduct, yours or someone else’s, you might be wondering: How does a criminal case affect my personal injury claim? And if you are paying a private criminal defense attorney, what happens to your injury compensation?
Managing Criminal Conduct and Personal Injury
Imagine being rear-ended on your way to work by a driver who is intoxicated. You suffer a neck injury and file a personal injury claim, only to discover the at-fault driver has been criminally charged with DUI. You probably might be thinking that it sounds good for your case. Surprisingly, most of the time, it does. “A criminal charge like DUI can actually strengthen your personal injury case, because it helps establish the other party’s fault using state-gathered evidence,” explains criminal defense attorney Anthony Stonic of Keys Criminal Defense, PLLC.
When the defendant in a personal injury lawsuit is also facing criminal charges, you may benefit from the evidence gathered by the State Attorney, especially if there is a conviction. This can make it easier to establish liability in your civil claim. But here’s the twist: What if you’re the one facing criminal charges?
For example, suppose you were partially at fault in a boating accident and are now charged with reckless operation. Suddenly, that same injury claim becomes much more complicated, and without legal guidance, you might be in double legal trouble.
Paying for a Criminal Defense Attorney: Can You Use Your Injury Settlement?
Paying for a criminal defense attorney is another area where things can get tricky and where you need to tread carefully. In Florida, personal injury settlements are considered civil compensation, not income from criminal activity. That means they are generally fair game for use in covering legal expenses, including hiring a private criminal defense attorney.
However, if you were criminally liable for the incident, say, in a DUI crash where someone else was injured. The court may impose restitution or penalties, which can potentially eat into your settlement. If the settlement arises out of the same conduct that gave rise to criminal charges, the court might even place a lien on your settlement funds.
What About Insurance Payouts During Criminal Proceedings?
Florida is a no-fault insurance state, so your Personal Injury Protection (PIP) coverage will kick in regardless of who was at fault. However, insurance companies are not known for being generous, especially when criminal charges muddy the water. If you are facing criminal allegations, your insurer may delay or deny payment pending the outcome of the proceedings. Worse, they may claim your injuries are excluded under the policy because they stem from intentional or criminal acts.
They need to coordinate your legal strategy, thinking of it as a collaborative effort that can help you achieve your desired goal.
Does a Criminal Conviction Affect Your Personal Injury Claim Negatively?
You should note that being convicted of a crime does not automatically destroy your right to a personal injury settlement. However, there is a possibility that it can limit your options:
- If your criminal conduct directly caused the injury, your compensation could be reduced or denied entirely under Florida’s comparative fault system
- On the other hand, if you were the victim and the defendant is convicted, you may use that conviction as powerful evidence in your injury case because it is a free admission of fault.
Always Strive to Protect Your Payout
If you are paying a private criminal defense attorney, you need to ensure your personal injury compensation is handled smartly and legally. Mismanaging settlement funds can lead to tax issues, restitution orders, or even the seizure of assets.
Conclusion
Navigating a personal injury claim while also dealing with criminal charges is like trying to paddleboard during a thunderstorm. It requires balance, awareness, and sound legal guidance from someone who understands your case. In these high-stakes situations, paying for the right private criminal defense attorney is often worth every penny, but make sure your personal injury settlement is protected along the way.