A Personal Injury Lawyer Does Not Usually Handle Criminal Cases

A personal injury lawyer will stand up in court and defend you against wrongs that may have been done to you, but he or she rarely deals with any case that involves a crime. This is because many of the offenses that fall under one's jurisdictions are a different type of offense.

A personal injury lawyer will be there to fight for you in court if you've been injured or wronged, whether it was through an accident that was intentional or unintentional. What these types of attorneys technically don't handle, however, are crimes.

While a personal injury lawyer can be cross-trained, certified and able to practice various different types of law, those that focus on this one area of legal work don't typically work cases where crimes are involved. Instead, these lawyers handle those cases where a legal offense known as a tort is the matter at hand.

Torts are actual breaches of common law much like crimes, but are more specifically defined as a breach of civic duty that the offender owed to the victim rather violations against society as a whole. While many offenses can fall under both definitions depending on various circumstances, the most significant and noticeable difference is in the court proceedings.

In the vast majority of cases, crimes are prosecuted by state or federal lawyers against a defendant. Torts, however, are often prosecuted by a personal injury lawyer representing an individual party that wishes to press charges against the person or people he or she believes committed a wrong. Because of this, the penalty for a tort involves the guilty party being responsible for paying "damages" to the victim, often in the form of financial compensation. Typically criminal penalties such as probation or jail time are not doled out, however tort cases can lead to the possibility of criminal indictment.

Torts can also differ from crimes in how the offender is ultimately classified to have offended. A criminal can be defined as someone who had a full understanding of the laws that governed a certain situation and chose instead to willfully violate them, showing a blatant disrespect for both society as a whole and its laws. On the other hand, someone who commits a tort - known as a tortfeasor - is charged with being negligent in their conduct or behavior without necessarily having and malicious intent.

Identifying and defining this negligence is among the most important areas where a personal injury lawyer specializes in and may differ from a different type of attorney. Any negligent behavior from a tortfeasor may be either intentional or unintentional and could also potentially be a criminal act or simply a negligent one. The relative gray area is another unique aspect of this type of law that can be starkly contrasted with most criminal proceedings.

These various differences and gray areas are one of the main reasons why it is important to hire a personal injury lawyer before proceeding with any litigation of this type. Whether you are considering legal proceedings or already have your case, consulting with someone who has a full understanding of how tort law works is important to understanding your chances.

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