At Ashby Thelen Lowry, our Georgia crime victim lawyers represent clients who have been injured or lost a loved one to intentional violence or negligent security circumstances so they can pursue the financial resources necessary to help reverse the physical and emotional trauma they have sustained.
Here, our personal injury attorneys explain when a criminal act, wrongful conduct, and intentional acts rise to the level that allows the victims to pursue a civil claim for their damages.
Can Crime Victims Pursue Personal Injury Claims in Georgia?
Personal injury claims typically arise from negligence or wrongful conduct but can also result from intentional acts, such as criminal behavior.
You may have the basis for a personal injury claim if you are directly injured or harmed due to a criminal act. For example, if you are physically assaulted, robbed, or harassed, you can file a personal injury claim against the person responsible for the criminal act.
What Types of Criminal Acts Lead to Personal Injury Claims in Georgia?
Personal injury claims from criminal acts can encompass various offenses, including assault, battery, sexual assault and rape, robbery, shootings, and other violent crimes.
Claims can also result from crimes like stalking or harassment, which may not involve physical harm but can cause emotional distress and harm.
What is the Difference Between Personal Injury and Criminal Proceedings?
It is important to note that criminal proceedings are separate from civil personal injury claims.
In a criminal case:
- The government prosecutes the offender for breaking the law, and if convicted, the offender may face penalties such as fines, probation, or incarceration.
- The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.”
In a personal injury claim:
- The victim seeks compensation for their injuries and losses through a civil claim.
- The burden of proof is lower, typically requiring the plaintiff to demonstrate liability by a “preponderance of the evidence.” It is often easier to succeed in a personal injury claim than in a criminal case.
An individual’s personal injury claim success does not depend on whether the criminal offender is convicted. While a conviction can help prove liability, it is not a prerequisite for pursuing a personal injury claim.
Ashby Thelen Lowry Helps Victims Seek Compensation for Injuries Resulting from a Criminal Act in Georgia
In a personal injury claim arising from a criminal act, the victim seeks compensation for medical expenses, lost wages, pain and suffering, and other losses resulting from the crime. The compensation is intended to help the victim recover and rebuild their life after the incident. In some cases, there may be third parties who share liability for the injuries. For instance, if a crime occurs on a property with inadequate security, the property owner may be liable for failing to prevent the crime.
If you have been the victim of a crime that resulted in physical or emotional injuries, our personal injury attorneys in Georgia can help you understand your legal rights, navigate the legal process, and assist you in pursuing a personal injury claim to seek compensation for your damages.
Contact our skilled Georgia personal injury lawyers and support team at Ashby Thelen Lowry today at (404) 777-7771 to schedule a free consultation so we can tell your story and ensure your voice is heard by pursuing the best outcome for your unique case.