How a Personal Injury Claim Is Different From a South Carolina Criminal Charge
A personal injury claim is a civil legal action that allows you, as the injured party, to seek compensation for the damages you have suffered due to the drunk driving incident. This claim is separate from any South Carolina criminal charges the intoxicated driver may face.
Key elements of a personal injury case include the following:
Burden of Proof
In a personal injury claim, the burden of proof is on you, the plaintiff. You must demonstrate that the drunk driver's negligence or wrongful actions directly caused your injuries. This typically involves proving the driver's intoxication and illustrating how their impaired state led to the accident.
Compensation
The primary goal of a personal injury claim is to secure compensation for your losses. This may include medical expenses, property damage, lost wages, pain and suffering, and other damages resulting from the crash.
Civil Liability
Unlike a criminal case, a personal injury claim focuses on civil liability. Even if the drunk driver is not convicted in criminal court, you can still pursue a personal injury case and potentially win compensation if the evidence supports your claims.
Simultaneous to your civil case, the state may pursue a criminal case against the drunk driver for violating laws related to driving under the influence. Here's what to expect in a criminal case:
- Prosecution by the state. In a criminal case, the prosecution represents the state and seeks to establish the driver's guilt beyond a reasonable doubt. The charges may include DUI, reckless driving, or even vehicular manslaughter if the accident resulted in a fatality.
- Penalties. If found guilty, the drunk driver may face criminal penalties such as fines, probation, license suspension, or even imprisonment, depending on the severity of the charges and any prior convictions.
While a criminal case may bring a sense of justice, its primary aim is to punish the offender and protect public safety. It does not directly provide compensation to the victim. For this reason, pursuing a personal injury claim is crucial for obtaining the financial resources needed for recovery.
As a victim of a drunk driving crash, you have the right to seek justice both through a personal injury claim and by cooperating with the criminal case. These legal avenues serve different purposes, and the outcome of one does not necessarily dictate the result of the other.