The term ‘accident’ is often a misnomer. If someone is injured, there is always a reason why the injury occurred. Sometimes, you are to blame, at other times someone else, an individual, a business, a government agency or some other type of organization is to blame.
If you believe that somebody else, whether it was an individual or an organization of some type was to blame and you think you can prove it, then you are entitled in most U.S. jurisdictions to file a personal injury claim against the party at fault.
It’s rare for that party to have injured you maliciously or with intent, but if they do, then there is a possibility that they could be charged with a criminal offense as well.
Examples of a Personal Injury Caused By a Criminal Action
There are many examples of injuries that occur as a result of a criminal action. If you are mugged and are hurt in the mugging attempt, then the person who tried to rob you could be charged with both robbery and battery.
If you are sitting in a bar and someone is drunk and hits you with a bottle, then this could also result in a charge of battery. Even if you were threatened with an act of violence, this may lead to a charge of assault.
If you are riding a bicycle on a public highway and a car driver appears to deliberately target you by passing too close or just touching you, resulting in you falling off your bike and being injured, then this could also lead to a criminal charge.
An Injury Caused by a Criminal Act Can Lead to a PI Claim
Just because someone injured you as a result of a criminal act, it does not mean you cannot file a personal injury claim against them. Even if the person is charged by the police after they have investigated the circumstances involved, this is not much use to you by itself.
If you have been injured so much that you have medical bills to pay and cannot go back to work for weeks because of your injury, the fact that the perpetrator was charged and convicted will not provide you with financial compensation unless you file a claim against them.
Of course, whether this is successful or not depends partly on having sufficient evidence that the person caused your injuries, as well as the person accused of the crime having sufficient assets to pay compensation.
If the injury was caused by criminal assault or battery, then you will not have any insurance company to turn to, to pay compensation apart from your own.
Filing a Police Report Takes Priority Over a PI Claim
If you believe that you were harmed as a result of a criminal act, then you must file a report with the police. A PI claim will only ultimately be successful if there is sufficient evidence to prove that someone else’s actions caused your injury.
If the police investigate the incident as a result of your report and find sufficient evidence to warrant an arrest, then that person may be charged and eventually found guilty of a criminal act. This may be all the evidence you need to file your own PI claim against that person.
Talk to a PI Attorney if You Have Been Injured Deliberately
If you have been injured by what seems to be a malicious act rather than just negligence, then you must report the incident to the police first, giving them as much information as possible.
If you think you have the right to file a personal injury claim against the person who injured you then it may be best to discuss the possible legal action with a personal injury attorney first who will assess your chances of obtaining compensation if you pursue the matter through the civil court.
