Personal injury cases are generally civil matters. When someone is sued because of that person’s negligence, the case is handled in civil court, not criminal court.
In some situations, the same incident may also involve criminal charges. Typically, criminal charges are considered when there is serious injury and reckless or wilful conduct, like drunk driving. However, personal injury claims are resolved separately through the civil system, where the injured party seeks financial compensation for medical bills, lost wages, pain and suffering, and other losses.
If you need help taking your claim through the civil system, talk to a Louisville personal injury attorney at Grossman Green PLLC.
What is the difference between civil and criminal cases?
Personal injury claims are handled under civil law, which focuses on resolving disputes between private parties rather than punishing people for committing crimes. By filing a civil claim, the injured party can seek financial compensation for the harm caused by the accident.
The civil court does not determine if an individual is guilty of a crime or impose penalties for crimes. Instead, it determines if one party is liable for the injuries of another.
The criminal court follows criminal law and procedures. After an arrest and the filing of criminal charges, the offender can fight those charges at trial. The criminal court determines whether the accused is guilty or not guilty of the crime in question. If the verdict is “guilty,” the court imposes a penalty.
How is a civil personal injury case decided compared to a criminal case?
A civil lawsuit seeks to determine whether the injured party is entitled to financial compensation. In a civil personal injury case, the plaintiff must prove that another party’s negligence caused the injury by a preponderance of the evidence. Simply stated, there must be “more evidence than not” of the at-fault party’s negligence for the claim to succeed.
The burden of proof is higher in criminal cases. The prosecutor must show the defendant is guilty “beyond a reasonable doubt” to win the case.
What does Kentucky law say about personal injury claims?
Kentucky law allows injured people to pursue compensation in civil court when another party’s negligence causes harm. Under KRS 411.182, Kentucky follows a pure comparative fault system, meaning compensation may be reduced if the injured party is partially responsible.
For most car accident claims governed by Kentucky’s Motor Vehicle Reparations Act, the filing deadline is generally two years under KRS 304.39-230. For most others, the deadline is 1 year, established in KRS 413.140. It’s important to talk to a personal injury attorney because other statutes of limitations can be involved in auto cases that can shorten a statute of limitation, such as a claim for loss of consortium by a spouse or child (which is typically one year from the incident).
How does a civil personal injury case move forward?
A civil personal injury case usually begins with an investigation into how the injury occurred and who may be legally responsible. Next, your lawyer will calculate your medical costs, lost wages, pain and suffering, and all other losses incurred by the accident.
Only a small percentage of car accident cases go to trial, and that low percentage extends to other injury claims. More commonly, claims resolve with a settlement reached through out-of-court negotiations between your lawyer and the at-fault party’s representatives. When the sides cannot agree, the case may proceed to court and end with a trial verdict.
Can the same incident lead to both civil and criminal consequences?
Yes. Certain incidents can result in both a civil personal injury case and criminal charges.
Drunk driving is a common example. A driver who causes a serious car accident while intoxicated may face criminal charges under Kentucky law. At the same time, the injured party can file a civil lawsuit to seek financial compensation. The criminal case focuses on punishment, while the civil personal injury case focuses on compensating the injured person.
Put your personal injury claim in our capable hands
If you were injured in Kentucky and have questions about whether your situation involves civil or criminal law, speaking with a personal injury lawyer can help you understand your options.
Grossman Green PLLC represents injured people throughout Louisville and across Kentucky. The firm handles cases from initial investigation through trial when necessary, and consultations are free. To discuss your situation, call (502) 657-7100 or send a message.