Will I Go to Jail If I Lose My Personal Injury Suit in Georgia?
Usually, no criminal charges or jail time are associated with losing a personal injury lawsuit in Georgia. Personal injury claims are civil disputes involving parties seeking restitution for losses brought on by carelessness or malicious harm. As opposed to criminal punishment, the allocation of financial compensation is typically the focus of the court’s decision in civil cases.
The usual result of losing a personal injury lawsuit in Georgia is that you must pay the plaintiff’s awarded damages. These damages are meant to make up for any losses sustained by the injured party as a result of the incident, including medical costs, lost wages, pain and suffering, and other losses. You may pursue an appeal if you lose a personal injury case. An appeal asks a higher court to look at the lower court’s ruling and determine whether any mistakes changed how the case turned out. It’s crucial to remember that the appeals procedure can be challenging and that success is only sometimes assured.
However, the following scenarios involving personal injury lawsuits may result in criminal prosecution and possible jail time.
- If there was criminal conduct involved in the incident
The guilty party may be subject to criminal prosecution and civil litigation if the events leading to the bodily injury involved criminal crimes such as assault, battery, driving while intoxicated, or other willful misconduct. Separate from the civil action, the defendant can be sentenced to jail time if found guilty of the criminal allegations.
- Perjury or Fraud
You could be charged with a crime if it is discovered that you engaged in fraud or perjury during the personal injury case, such as giving false testimony or lying under oath. These accusations would have more to do with dishonest or fabricated behavior than the resolution of the personal injury lawsuit.
- Accidents involving DUI/DWI
Criminal charges for DUI or DWI may be brought against the defendant if they operated a vehicle that caused the personal injury occurrence while impaired by drugs or alcohol. If found guilty, these charges unrelated to the personal injury case could lead to jail time and other criminal consequences.
- Vehicular homicide or Manslaughter
The guilty party may be charged with Manslaughter or vehicular homicide in serious situations where the personal injury resulted in another person’s death. If the defendant is found guilty of these criminal accusations, they could result in jail.
Lastly, settlement discussions between the parties involved are a common way of resolving personal injury claims. The parties might compromise on a sum that both sides deem acceptable rather than proceeding to trial. Since accepting a settlement means you won’t pursue the lawsuit further and might have to forego additional legal action, it is crucial to analyze settlement proposals under your attorney’s advice.
