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The lawyers of Goldman, Babboni, Fernandez, Murphy & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over twenty …

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Auto Accidents Blog Post

How a Defendant’s Criminal Conviction Can Help Your Personal Injury Case

When you're pursuing a personal injury claim, a defendant's criminal conviction can significantly impact the outcome of your case. It can serve as compelling evidence, strengthening your position and increasing your chances of receiving fair compensation.

Establishing liability

A defendant's criminal conviction can help establish liability in your personal injury case. This outcome can provide compelling evidence that the defendant's negligence or intentional wrongdoing caused your injuries.

For example, if you were injured in a car accident caused by a drunk driver who was subsequently convicted of driving under the influence (DUI), their criminal conviction can serve as strong evidence that they were responsible for the accident.

Simplifying the legal process

When the defendant has already been found guilty in a criminal trial, you may not have to prove fault in your civil case.

Negligence per se is a legal doctrine that simplifies the process of proving negligence in a personal injury case. It means that if someone violates a law or regulation designed to protect a specific group of people, and that violation directly leads to an injury to a member of that group, they are considered negligent by default. In other words, the violation of the law is seen as evidence of negligence, making it easier for the injured party to establish liability in a civil lawsuit.

For example, in a DUI case, if a driver is found to be operating a vehicle while under the influence of alcohol or drugs and causes an accident that injures another person, the doctrine of negligence per se can apply. DUI laws are specifically designed to protect the public from the dangers posed by impaired drivers.

The injured party doesn't need to prove that the driver acted negligently; the violation of the law itself establishes negligence. This makes it easier for the injured party to recover damages.

For help with your personal injury claim, contact the trusted Sarasota, FL accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh.

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Goldman, Babboni, Fernandez, Murphy & Walsh
2822 University Parkway
Sarasota, Florida, 34243 USA