Life after a felony conviction can be extremely challenging, especially in countries like the US, where law enforcement is very strict. A CBS News article shows that as many as 80 million Americans can be living with some kind of criminal record. They lose their voting rights and even struggle to find a job to get a second chance in their life.
Not only their second chance, but they also have to face challenges when seeking justice. Since felons have already committed a crime, people usually think that there is a high chance they do it again. In this article, we will discuss how felony charges can impact someone’s chances of seeking compensation in personal injury cases.
Understanding the Impact of a Felony on Personal Injury Claims
Having a felony record can influence the person’s ability to seek compensation, the credibility of a claim, and how the case unfolds. For someone who has suffered injuries due to another person’s negligence, a felony record does not automatically eliminate the right to pursue compensation. However, it can create additional hurdles that must be carefully navigated.
Courts and insurance companies may scrutinize the claimant’s background, and opposing attorneys often use prior convictions to challenge credibility. Consider the example of a Colorado Springs accident that occurred in October 2024. According to 9news.com, one person was killed, and at least one another was severely injured. In this case, the reason for the accident was still under investigation.
Since neither party is an ex-convict, the investigation will likely go unbiased. However, if a felon would have been involved in the accident, they would have been the prime suspect. These factors make it important to seek legal representation that understands how to mitigate the impact of a felony on a personal injury case.
In the above case, consulting a Colorado Springs personal injury attorney can help ensure that a past conviction does not unfairly prevent justice. The injured party should not be prevented from receiving the compensation they deserve. An experienced lawyer will know how to address potential biases and structure the case to focus on the facts rather than the claimant’s history.
Credibility Challenges in Court
One of the most significant ways a felony can affect a personal injury case is through credibility. In civil litigation, witness testimony is important in establishing fault and damages. If the injured party has a felony conviction, especially one involving fraud or dishonesty, the defense may argue that their testimony is unreliable.
Courts may allow the defense to introduce certain felony convictions into evidence, particularly if they suggest a pattern of dishonesty or violence.
However, many states have legal safeguards that limit the extent to which past convictions can be used against a plaintiff. A skilled attorney can argue that the circumstances of the felony are unrelated to the injury claim, preventing unfair bias from influencing the case.
The Role of Comparative Negligence and Legal Restrictions
Felony convictions can also impact personal injury claims if they are directly related to the incident that caused the injury. For example, if an individual was injured while committing a crime, they may be barred from seeking compensation. This can be done under laws that prevent recovery for injuries sustained during illegal activities.
Additionally, some states follow comparative negligence laws, which reduce compensation based on the plaintiff’s level of fault. This can prove to be a challenge for the convicted, especially if the felony is relevant to the case.
For instance, suppose the felon was convicted of driving under the influence that caused an accident in the past. In such a case, compensation for the current accident may be significantly reduced or denied altogether, even if the other party is at fault.
Individuals convicted of certain violent felonies are also restricted. In some cases, felons may be barred from recovering damages for injuries sustained in altercations where they were the aggressor. Courts consider whether the injured party had a legal right to be in the situation and whether their actions contributed to the harm.
Insurance Companies and Settlement Negotiations
Beyond the courtroom, a felony record can affect how insurance companies handle a claim. Insurance adjusters are trained to minimize payouts, and a felony conviction can be used as leverage to devalue a claim.
Adjusters may argue that a plaintiff’s background makes them less deserving of compensation or more likely to exaggerate injuries. This is especially true in cases where the insurance company believes a negative perception of the plaintiff may sway the jury.
Not only the insurance, felons may even face challenges when seeking care for their injuries caused by the accident. As reported by CBS News, many felons struggle to get healthcare after being released from prison. It states that over 600,000 people are released from US prisons annually, and many of them have health conditions. However, they are not able to seek Medicaid help in some states.
Therefore, having strong legal representation is critical when negotiating settlements. The settlement amount can be used to access healthcare and pay medical bills. Springs Law Group states that an experienced attorney can push back against unfair tactics. They can ensure that the focus remains on the injury and the damages suffered rather than on past mistakes.
Frequently Asked Questions
Can I file a personal injury lawsuit if I am currently on probation or parole for a felony?
You can still file a personal injury claim even on probation or parole. However, since any legal processes you participate in might be closely examined, you should speak with an attorney. Furthermore, any compensation granted may be subject to garnishment if you are required to make restitution as part of your sentence.
Will my felony conviction impact the amount of compensation I can receive?
Although a crime alone does not always result in less money, it may indirectly impact your case. Your compensation may be affected if the defense successfully claims that your criminal record undermines your credibility. Additionally, if the conviction is connected to the event that injured you, the opposition can reduce the compensation amount.
Does the type of felony matter in a personal injury claim?
Yes, the kind of offense may matter. Compared to non-violent acts, convictions for violent crimes, fraud, or perjury are more likely to be used against you in court. Dishonesty-related crimes might be very harmful if your testimony is a major component of your case.
If someone with a criminal history has been hurt because of someone else’s negligence, they should get the right legal help. An experienced lawyer can assess the case, identify any obstacles, and create a plan to obtain just compensation. It is feasible to go over the obstacles of a prior felony and seek justice with their help.
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