Video of us delivering a copy of the complaint to the Texas Court of Criminal Appeals for delivery to Keller in November 2007. We mailed the original to the State Commission on Judicial Conduct, where people can deliver their claims about criminal cases or violence incidents, that could have cause injury into a person, so people can know who to call for Atlanta injury claims incidents. The video contains a moving statement by the sister of Michael Richard. She came to Austin that day to deliver a personal letter to Keller at the court urging her to resign.
When a serious injury accident occurs, victims may not initially know where to turn or what their rights may be, many accidents occur and the most common are the Construction Injuries: The Common Causes Of Accidents On Construction Sites. Many are unsure whether a criminal process or a civil one will apply in their case. While the lion’s share of claims related to personal injury events will require handling as a civil matter, there are certain times in which criminal proceedings are also involved, adding new layers of complexity to the situation. Denver injury attorney, Jeremy Rosenthal, has the knowledge and experience to help injury victims appreciate the forces certain to be at play in their matter and understand the most effective ways in which to pursue maximum financial compensation.
How Civil and Criminal Matters Can Intersect
It may not initially be apparent exactly how a given case may have both civil and criminal implications, though it is important for potential plaintiffs to understand the sorts of scenarios under which it could happen. For instance, if you were the victim of a serious car crash, you may decide to pursue a civil lawsuit for damages against the negligent driver or another common are the Construction Injuries: The Common Causes Of Accidents On Construction Sites. It may ultimately be revealed that the driver was intoxicated at the time of the crash, and criminal charges could be issued. Under such circumstances, the same sequence of events has the ability to yield a personal injury trial as well as a criminal prosecution.
CRIMINAL PROSECUTIONS AND CIVIL MATTERS
It is necessary to note the clear distinctions between civil and criminal cases in our system of justice. The government is responsible for prosecuting criminal cases and imposing penalties for those convicted of violating the law. Significant limitations on individual freedom can attach to those found guilty of criminal offenses, and therefore such matters are taken very seriously. There is a high standard of proof in criminal cases, with all elements of an offense having to be established beyond a reasonable doubt.
By contrast, a civil lawsuit in a personal injury case is designed to determine whether a plaintiff is entitled to receive compensation for losses sustained and how much money should be paid. Civil cases have a lower burden of proof in that a plaintiff only needs to show by a preponderance of the evidence, or that it is more likely than not, that the defendant is liable for the alleged harm. As a result, a guilty finding in a criminal matter can be powerful evidence of liability in a subsequent civil case.
POTENTIAL IMPACT OF CRIMINAL CASES ON VICTIM COMPENSATION
Whether or not the events surrounding a civil case also produce criminal charges can have a significant effect on the compensation available to injury victims. It is the case in Colorado that victims of felonies, misdemeanors, petty and traffic misdemeanors are either awarded restitution or a specific finding must be made that no losses were sustained. If restitution is ordered, the offender in question is held responsible for the financial damage done to their victim, and a formal obligation to pay is entered. Restitution requirements can include payment for:
expenses incurred due to the need for psychological treatmentanticipated future outlaysanticipated medical costsadjustment expensesreward monies paid by victimsother losses caused by the conduct at issuepre- and post-judgment interest
It should be noted that restitution of this type never includes payment for physical pain and suffering, lost earning capacity, lost enjoyment or punitive damages of any kind. The prosecutor assigned to a criminal case will be the one to prove the losses that will be the subject of the restitution order, and he or she may utilize victim impact statements and other types of testimony to establish the true amount of damage done.