If you have confessed to or been found guilty of a crime, you may have a conviction. Your prior criminal conviction does not necessarily prevent you from receiving fair compensation for damages resulting from the carelessness of another. All things being equal; during your personal injury lawsuit, your previous criminal record may not be revealed at all.
The defense attorney can only directly refer to your past if it is relevant to the case at hand. When deciding whether to award compensation for a car accident, a judge or jury may only consider the specific facts of the case. They may not consider your prior driving history.
However, this is not always the case if you are to give your testimony in court. You seek monetary damages from the at-fault party and/or their insurance when you file a personal injury case. Since this is an adversarial proceeding, the other side will undoubtedly try to disprove your claim using any information they can get their hands on.
Therefore, even if it has no bearing on the fact that you were harmed, the other party is nevertheless likely to bring it up if they think it would undermine your case.
How Does Criminal Conviction May Affect Your Personal Injury Claim ?
Your past may be examined in court if you are a witness who is testifying. The plaintiff’s past is especially significant in these situations since it may impact their credibility as a witness. There are no guarantees, but a capable personal injury lawyer will try their best to keep your prior record out of court. If your criminal history does surface throughout the course of your lawsuit, it could severely impact your personal injury lawsuit negatively. This can either be in the two areas discussed below:
Credibility and Perception
The biggest risk a past criminal record poses to your case is the impression it may give. If a jury is deliberating your personal injury claim, this can be an issue. Criminal histories of any kind are frequently seen negatively, and the defendant tries to take advantage of this.
If you testify on your own behalf, the other party does have the right to question your credibility, at which point they might try to use any prior criminal convictions against you.
Impeachment
Catching a witness in a lie while testifying in court is referred to as “impeaching the witness.” Your criminal history could be used as bait by a lawyer on the opposing side to catch you.
You might think, for instance, that your traffic ticket is unimportant. Therefore, when an attorney asks you if you ever speed, you might not think anything of it. However, if you claim that you don’t speed and the lawyer shows you a speeding ticket, they have exposed your lying and anything you say going forward is automatically questionable.
What Can You Do to Avoid Your Previous Criminal Conviction to be a Blockage to My Lawsuit?
While it is true that your past criminal record should not affect receiving your compensation, you should be ready in case it arises. This is true mostly when dealing with the jury. Below, you will find tips that will help you if you want to pursue a personal injury lawsuit but have a past criminal conviction:
1.Examine Your Criminal Record Thoroughly
Making sure there are no surprises that the opposing side brings up afterward should be your priority. For instance, if their attorney inquires about your past criminal conviction like speed, and you ignorantly deny, they can conclude you lied if you forget about the speeding ticket you got a few years ago. Make sure you are prepared for any questions the other side may have by going over your complete background.
2.Tell Your Personal Injury Lawyer About Your Criminal Conviction
When pursuing a personal injury claim, you must discuss everything with your personal injury lawyer, to avoid contradictions. It is different from your prior criminal convictions nevertheless you must discuss this with your lawyer at the outset of your case.
If your personal injury attorney is aware of any prior criminal convictions you may have, they can take proactive measures to stop the other side from using them against you. Imagine your lawyer hears about your previous conviction in court for the first time, and it’s coming from the mouth of the other party. That can get your lawyer off-balance.
3.Talk About Your Criminal Record During Your Testimony
This is known as a very sharp move. You can clear the ground off the other party this way. Being proactive and telling the court about your past upfront may help to avoid questioning about it from the opposing side. By doing this, you will be given the opportunity to deliver this information to the jury and contextualize it before the opposing side does. However, you and your personal injury attorney should work closely to decide whether or not this is a workable approach in your specific case.
4.Refrain from Jury Trial
If you have a more terrible criminal history, your personal injury lawyer may counsel you that it is better for you to forgo a jury trial and instead have a judge determine your case. Judges are more inclined to be logical and impersonal while deciding legal disputes. Moreover, they are less susceptible to being persuaded by emotive arguments.
Conclusion
People who were convicted of a crime years ago and finished their sentences shouldn’t be punished any further because they already received the appropriate punishments from the law.
You, therefore, have the same legal rights as everyone else in situations unassociated with your previous conviction, including the right to pursue and receive compensatory damages if you suffer harm as a result of someone else’s negligence. Your rights can be secured by a competent attorney. This is why before pursuing a personal injury claim, hire a lawyer. The advantages of hiring a good personal injury lawyer can not be overemphasized. This is a huge factor as to why you can get your deserved compensation.
