Have you sustained injuries due to a criminal act such as assault, robbery, or sexual abuse? If so, you should know that you are entitled to receive compensation from the guilty party. You will need to work with an attorney to ensure that you get the best possible judgment against the person behind the attack, as well as to benefit from the victim compensation fund.
Here we will talk about the legal rights of a person who has been a victim of a criminal act in the US. Knowing about your rights if you become the victim of a criminal act will ensure that you get the best possible compensation for the mental, financial, and physical hardship suffered due to your personal injury.
Criminal Personal Injury Cases: An Overview
Criminal acts can give rise to both a personal injury civil lawsuit and criminal charges. A criminal assault charge is fought in a criminal court. Note that the state controls the criminal case, which means that the victim will have little influence on how the case is conducted.
A personal injury civil lawsuit, on the other hand, is brought about by the victim through his or her own personal attorney. What this means is that the plaintiff is in control of the case, and neither the state nor any other public official is involved. That being said, if the state has brought a criminal assault case against the perpetrator of the crime, the civil personal injury case cannot be filed until the criminal assault case has concluded.
Assaults that can give rise to criminal personal injury cases include felony assault and battery (even in cases of self defense), child abuse and restitution, sexual assault, domestic violence, elder abuse and neglect, as well as other incidents of fighting.
Legal Rights for Victims of Criminal Violence
The U.S. Congress passed the Victims’ Rights Act in 2014 to protect injured parties’ right to dignified treatment by law enforcement authorities and prosecutors. Basic rights accorded to the victim of a crime include the following:
- Reasonable protection from the person responsible for the crime,
- Notification from the court of proceedings and parole hearings,
- The opportunity to speak out in front of the court when the accused is:
- receiving a sentence,
- given a parole hearing, or
- entering a plea, as well as
- when any other issues related to the personal injury case are being addressed.
- Compensation for damages from the victim that include, but are not limited to:
- medical expenses,
- compensation fees,
- lost wages,
- attorney fees,
- repair / replacement cost of damaged property, or
- any other financial loss apropos of the criminal offence.
Your journey to receive full compensation for the damage caused by the perpetrator of a crime should begin by hiring a professional criminal personal injury lawyer. The attorney can help you navigate through the civil proceedings related to a personal injury case. Additionally, you will increase the likelihood of getting maximum benefits from the perpetrator of the crime for your losses.