Getting injured due to the negligence of another individual is oftentimes a traumatic event which gets both your blood and adrenaline pumping in an effort to seek justice and compensation as well as ensuring that your life is recalibrated back to normal as soon as is possible. You have the option of filing a personal injury claim as long as you have compensable injuries, can prove that the other party was indeed negligent, and that there is a link between their negligence and your injuries. That said, even as you focus on justice, you may develop doubts about the viability of your claim, especially if you have had a run-in with the law, culminating in a conviction or a felony.

Many would-be clients will silently ask themselves before reaching out to us – can I still file an injury lawsuit if I have a felony or prior criminal conviction? While the law doesn’t discriminate and provides everyone with equal rights when it comes to seeking justice and compensation, having a prior conviction complicates matters and may impact your ability to file and successfully win an injury lawsuit.

There are nuances we shall talk about in this article that you must be aware of, as each case is unique in and of itself, and McCready Law has dealt with hundreds of such circumstances in the past, with our focus being getting the best possible outcome for our clients despite their past dalliances with the law – read on to find out more.

Are you looking for the best personal injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience, where we’ve helped tens of thousands of injured Americans from all walks of life, and across the entire country.

Over the decades, we’ve been able to recover over $260 million and counting for these individuals, which has gone a long way in helping them rebuild their shattered lives, enabling the victims of other people’s negligence to smile again due to being made whole thanks to the power of aggressive personal injury legal representation. Some of the unique characteristics about McCready Law that make us the natural choice for thousands of injured Americans each year include the fact that we personally handle all claims as experienced attorneys, and do not shunt case files to paralegals and legal assistants as is common in most law firms.

In addition, we work closely with a team of world-renowned experts such as top physicians, decorated personal investigators, and established accident reconstruction experts to build a formidable case that is impervious to the machinations of the defense team, proving through a preponderance of the evidence that the other party was indeed negligent and broke a duty of care leading to your injuries.

In addition, we are not afraid to litigate claims, as we have the prerequisite experience as well as resources to take a case to court in order to recover maximum compensation as allowed by law – most law firms simply engage the insurance company in settlement negotiations, as doing so results in faster resolution, but is unfortunately also associated with a paltry payout that often leaves the injured party struggling to pay their medical and other bills.

In addition to having nationwide reach thanks to our vast network of referral attorneys and law firms, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of another party or corporation, please call us NOW at (314) 481-63338 for your 100% FREE legal consultation into the true value of your case – our intake team is standing by.

Difference Between a Criminal and Civil Case

It is first and foremost important to understand that civil and criminal cases are two entirely different ballgames – while criminal cases seek to punish an individual for a crime against the state, one needs to provide a burden of proof that is beyond a reasonable doubt.

A civil case in which a personal injury case is one seeks to compensate an injured party for damages caused by another party’s negligence; in civil cases, the burden of proof is preponderance of the evidence, which is usually a lower standard compared to criminal cases. So, your right to recover compensation from a personal injury claim isn’t obscured or nullified by a past criminal history. That said, given the truth-seeking nature of the law, a past criminal conviction will be unearthed and made relevant in your injury claim in an attempt to question your credibility.

How a Previous Criminal Conviction May Impact Your Injury Claim

Here are some of the pertinent ways in which a previous conviction can impact your injury claim:

1. The prior conviction or felony may be used against you should your case make it to trial; the defense attorney will attempt to challenge your credibility, particularly if you were involved in a crime that had to do with some form of fraud, embezzlement, forgery, perjury, and so on; these crimes may cast aspersions on your truthfulness.
2. If your crime resulted in a felony conviction, such as drug possession, assault, or burglary, the defense team may argue that you have no respect for the law and consequently, may be untruthful and do not deserve legal reciprocity when it comes to your claim
3. It is, however, important to note that under Federal Rule of Evidence 609(b), if your conviction occurred over 10 years ago, evidence regarding the same may not be admissible in a civil claim.
4. The insurance adjuster or defense attorney, upon having knowledge of your criminal history, will assume that you won’t want to launch a full-scale trial, as doing so may expose said criminal past and, as such, may offer a lower settlement amount so you can take it and the entire claim can go away without said exposure.

How We Mitigate a Client’s Criminal History as an Injury Law Firm

As a leading national injury law firm, we believe that everyone has the right to timely legal representation regardless of their past. Here are some of the proactive strategies we will use to get you the justice and compensation you deserve despite your previous conviction:

1. We always advocate for transparency on first contact with our client, so any convictions, misdemeanors, felonies, and dismissed or expunged charges must be communicated to us, since hiding this information will significantly undermine your case. We ideally do not want a situation where we become blindsided by the defense unveiling your criminal record, as it may be too late to prepare a defense when this happens, ultimately destroying your credibility during litigation.
2. Should the case proceed to trial, we shall file a “Motion in Limine” asking the judge to exclude evidence of your prior conviction before the trial begins, citing the 10-year window, the fact that it is irrelevant to the case, or that it may be unduly prejudicial
3. Depending on the nature of your conviction, we may ask you to waive your right to a jury trial and instead opt for a bench trial where only a judge hears your case, given the impressionable and fallible nature of juries, which are usually made of laypeople that may be prejudiced when they learn about your criminal past.
4. We will continually shift the focus back on the injury claim and the facts at hand: the negligence of the defendant, the severity of your injuries and the impact they’ve had on your life, as well as the economic and medical evidence supporting your damages. Documentation surrounding your injuries such as police reports, medical records, bills and employment records will speak volumes about the case given their objective nature and will stand formidably independent of your past.

Best Nationwide Injury Attorneys – Call Us Today!

Even as you’re reading this, you may be overwhelmed with feelings of anxiety and doubt regarding your ability to file and successfully win a personal injury claim given your past criminal conviction or felony. McCready Law best injury attorneys exist for this very reason, and we aggressively fight for all our clients regardless of their past and proactively advocate for the exclusion of potentially damaging information.

At the end of the day, your past does not erase your present injuries, and we will ensure that all evidence points to this irrefutable fact. Please call us NOW at (314) 481-63338 regardless of where you are in the country to learn more about your legal options for justice and compensation. Thanks for choosing McCready Law, and we look forward to helping you win.