If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
Police Sued Over Privacy Violations
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
Frivolous Lawsuits Get too Much Publicity
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Dog Bites and Liability
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
Daycare Worker Arrested for Raping Children
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
Class Action Against LinkedIn Reveals Importance of TOS
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Can You Sue a Company for Mishandling Your Information?
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
Why Do Personal Injury Attorneys Turn Down Cases?
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
How Do You Sue on Behalf of a Child
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
Do Criminal Charges Interfere with Civil Lawsuits?
Suing Someone Who has Been Charged Criminally
If you’re like many people every year, you may find yourself in this situation or something very similar to it. You end up getting in a car crash with a driver who was over the legal limit for blood-alcohol content at the time of the crash. After the crash, the driver ends up getting arrested for drunken driving and faces criminal charges. They may be facing their first drunken-driving charge or they may be facing their fifth, it really makes no difference.
You might be wondering whether you can sue someone if they’ve already gotten thrown in jail for drunken driving. The answer is yes. Lawsuits are civil actions, not criminal actions. The state takes care of the criminal part of the law but somebody being convicted of a crime – or acquitted – has no bearing on whether or not you can bring them to court for damages. It may increase your chances of winning if the person actually is convicted of a crime that was directly related to you coming to harm or suffering damage to your property.
While you can sue someone who has been convicted of a crime, it’s important to be realistic about these matters. If a person is convicted of a crime and ends up getting sent to jail, they obviously have no way of earning income. If they don’t already have money, property or some other asset that could be used as a means of paying off a judgment against them, suing them may do you very little good at all. The entire point of filing a lawsuit is to get financial compensation for property or personal damages that you have suffered. If that person has no property and no financial assets, there’s really nothing to sue them for.
This is one of the reasons why personal injury attorneys generally do offer a free consultation. These attorneys usually work on a contingency agreement, which means they have to win your claim in order to get paid. If there’s no way for the person you are suing to actually pay you the money that a jury awards you, that attorney isn’t going to get any money, unless you pay it off yourself. One of the things you have to take into account when you sue someone who is convicted of a crime is whether they actually have the financial means to pay you and, if they don’t, it may not even be worth suing.