A Personal Injury Lawyer in Rochester MN Asks, Is There a Fair Criminal Basis in a Personal Injury?

by | Nov 9, 2016 | Lawyers


Latest Articles



Is there a criminal basis in a personal injury case? The answer to this question can alter the course of the entire case. A personal injury will not always derive from a criminal level of negligence or intentional harm. Sometimes, for better or worse, it is just an honest accident. An accident may result in compensation, but the intent of the one who did the harm will alter the progression of the case and change the tone entirely.

Yet, this is not always the situation. A personal injury may absolutely derive from a basis of criminal activity. It is a question that a Personal Injury Lawyer in Rochester MN will begin to ask immediately, and the early proceedings of the course will gauge the answer.

How will a personal injury lawyer determine if there is a criminal basis on the case? There are some basic principles they need to assess. The main considerations include “fault” and “intent.” These are two common words a client will hear from a Personal Injury Lawyer in Rochester MN because they show who is really at fault and what the intent was. These terms get deeper into the answer on whether a criminal case can be followed.

A criminal case can be followed on anyone. For example, a person was injured near a construction zone. They did not work at the site. They were only passing by. The lawyer will ask if the site was properly labeled and sectioned off due to code? They will also find responsibility which may lie with the worker or the company directly. It may not be likely to take a criminal case against anyone unless an intent was proved. Was the site crew rushing? Were they acting over hours without a break? This may not change the intent, but it certainly dictates the fault.

These questions really get to the gritty underbelly of a criminal case. The injured may want justice, but there needs to be someone at fault and an intent to do some kind of wrong. Click Here for more information on personal injuries and finding the fault underneath it.

Related Articles