Can an Injured Person Seek Compensation for Damages?
When someone commits a crime, not only could they subject themselves to punishment by the state, but they are also liable to pay for any damage that they may have caused to a victim and their property. “Damages” refer to harm that may have been done in the form of:
- Bodily injuries
- Damage to property
- Emotional distress
- Pain and suffering
When looking to be compensated for damages, a plaintiff must prove that the criminal was acting negligently and also that the damage was caused by the negligent actions.
What Are Some Common Examples of Crimes That Result in Injuries?
Below is a list of crimes that typically result in extensive damages to victims:
- Driving while intoxicated
- Assault
- Battery
- Crimes involving firearms and weapons
- Sex Crimes
- Murder, torture, and extreme acts of violence
What are Defenses that a Criminal Will Use to Protect Themself from Paying for Damages Caused to a Victim?
Even if a crime was committed and police choose to convict the criminal, this does not always guarantee liability for all damages claimed. Below are the 2 most commonly used defenses from criminals:
- The crime was not the cause of the damages in question
- The estimate for compensation of damages is excessive
First, it may be the case that the damages were not actually a result of the crime committed. It is not enough to merely show that a crime and damages took place, you must also show that the crime was the cause of them. Let’s apply this to example 1:
It is also a possibility that the criminal does not completely deny responsibility for damages, but claims that the damages in question are excessive.
Criminal Injury Attorney in Los Angeles
If you or a loved one is a victim of a crime and has suffered an injury and/or sustained damages, we invite you to contact our criminal Injury attorney in Los Angeles today at (310) 943-1171 for a free consultation and case review.