What Is Criminal Negligence?

Most people know what criminal intent is from movies and television. The majority of crimes committed are intentional, with one actor intentionally using force or coercion against someone and/or their will. Recklessness, however, is a different reason for a crime having been committed. In criminal negligence cases, there was a known understanding that the plaintiff was in the care of the defendant, and was also aware of the substantial amount of harm that could come to the person.

To prove criminal negligence it is important to have evidence of the following:

- The defendant had an obligation to protect you or keep you safe from harm.
- The defendant did not live up to this duty through an action, or inaction.
- It was the defendant’s action or inaction, and breach in their duty to you, that caused the accident.

An attorney will listen to you describe what happened leading up to the accident and explain to you what supportive documents and evidence you can provide to make your case as strong as possible.

What Is NOT Criminal Negligence

To prove criminal negligence something had to occur that was beyond bad judgment, regular carelessness, or inattention. Imagine a 19-year old driver is on their way to an event at their school when they see that a new hangout spot has just opened on the corner of a major intersection. Getting excited about this new place, they momentarily lose focus and hit the car in front of them. Was it reckless? Yes. Was it criminal? No. They can be sued in civil court, but this would not make it to a criminal hearing. And in a lot of these situations, the people are so freaked out, repentant, embarrassed that it would be hard for a judge to send them to jail. Good people make honest mistakes, and civil court is a better place for those damages to be recovered. To prove your case you’re going to need to prove that your accident was the result of criminal negligence.

Additionally, if you were also careless, then you may be liable for some of what happened to you, and may not be eligible for full compensation. You will need to be fully honest with your attorney about any missteps you may have taken. If they come out later, then that will harm your case, and the judge will have higher doubts about awarding you your damages. It’s best to let your attorney know so they can appropriately handle your case.

Why You Should Hire An Attorney

Lawyers stay abreast of all the legal news and changes that affect their practice and their clients. Each state can change their personal injury laws as a result of lawsuits. An example is Emily’s Law in Ohio, where the negligence of a hospital pharmacist led to a little girl dying. But there may be other factors that affect your case. No two cases are the same, and cases that seem straightforward can have a piece to them that changes how to proceed legally. Additionally, an attorney can determine whether or not this is a true case of criminal negligence, or if this suit is better handled in civil court. If there is criminal intent behind the injury you sustained, then you need a qualified, experienced, and knowledgeable attorney on your side who can fight for you. Miami Criminal Defense Lawyer Julian Stroleny is here to answer your questions and listen to your concerns if you believe you were a victim of criminal negligence.

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Posted - 04/08/2020

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