If you’ve been a victim to a crime and injured in the process, you may be confused about whether you need a criminal lawyer or a personal injury lawyer. Should you hire both? Should you focus on one over the other? Or is this something that is out of your hands?

This can be tricky for people to understand. Here is what you need to know about the difference between criminal law and civil law, what can happen when criminal and civil cases overlap, and when you would hire a criminal lawyer or a personal injury lawyer. In order to know what is the best course of action for your case, you will want to consult with an attorney for personalized advice. This blog is meant for general informational purposes only and is not intended to be used as professional legal advice.

The Difference Between Criminal And Civil Cases

It can be difficult for people to know whether a case is criminal or civil. In short, a civil case is based on a wrong, such as someone not looking both ways at a stop sign before trying to cross the road, and thus accidentally hitting someone. A criminal case is based on a crime, such as if someone steals a car. 

Criminal and civil cases are handled differently. Criminal and civil proceedings apply different standards in order to right wrongs done. Civil cases involve disputes between two parties while in criminal cases, the defendant is formally charged with a crime. The state, not the victim of the crime, initiates criminal proceedings. 

About Criminal Cases

Only state attorneys can initiate a criminal proceeding. Even if you as a victim know that a crime was committed, it is up to the authorities whether or not charges can be pressed. In criminal proceedings, it must be proven that the defendant is guilty of the crime committed beyond a reasonable doubt. This is why even if someone is found not guilty of a crime, they could still have a civil case brought against them. Conversely, someone may be found guilty of a crime, but not civilly liable for an accident. 

In criminal proceedings, they tend to be more punishment focused. If found guilty, the defendant could face jail time, fines, prohibition, and more. The court may order restitution, where the defendant must pay losses to the victim. 

About Civil Cases

On the other hand, anyone can file a personal injury suit on their own behalf. Civil cases are focused on ensuring the victim is compensated fairly. 

Can A Case Be Both Criminal And Civil?

Yes, a case can be both criminal and civil. People can both break the law and commit a legal wrong against someone. Crimes may or may not also constitute civil wrongs. A person may be found not guilty of a crime, but may be held liable for a civil wrong. 

Victims of crimes can hire personal injury attorneys if the criminal case was dismissed but they are still able to pursue damages from the wrongs they have suffered. Conversely, a civil case can instigate a criminal proceeding when evidence uncovers the need for a criminal investigation. Civil cases don’t turn into criminal cases because they are two different things. Civil cases can only order civil remedies. In order for there to be criminal penalties for the person who committed the crime against you, a new criminal case must begin, initiated by a state attorney. 

When Would You Hire A Criminal Lawyer?

You would hire a criminal lawyer if you have been accused of a crime. It’s recommended that you hire a criminal defense attorney whenever you are accused of a crime, regardless of how minor the charge seems. Criminal defense attorneys typically bill hourly for their time.

When Would You Hire A Personal Injury Lawyer?

You would hire a personal injury lawyer if you have suffered a wrong and want to pursue damages, such as if you have been injured in an accident. Personal injury attorneys typically do not charge hourly, but rather charge a contingency fee where they take a percentage of the damages recovered after they win your case. 

Do You Need A Personal Injury Attorney?

The personal injury attorneys at LeBaron & Jensen provide help to those in Utah, Wyoming, Colorado, and Arizona. We provide free case consultations and do not charge a fee until we win your case. If you think you have a personal injury case, don’t hesitate to contact us for a case consultation.

If you’ve been a victim to a drunk driving accident, you may wonder whether or not the bar can be held liable. There are many different types of accidents where multiple parties can be held liable – do drunk driving accidents fall under this umbrella?

Here is what you need to know about what to do if you’ve been a victim to a drunk driving accident and whether or not bars can be held liable for drunk driving accidents.

What To Do If You’ve Been In A Drunk Driving Accident

First things first, it’s important that you know what to do if you’ve been in an accident before we jump into liability. When it comes to personal injury cases, the following are good rules of thumb to adhere to.

1. Document your experience.
2. Seek medical attention.
3. Talk to a personal injury attorney.
4. Be honest.
5. Rest.

Your personal injury attorney will fight for you to receive the damages you deserve so that you can focus your attention on healing and getting better.

Can Bars Be Held Liable For Drunk Driving Accidents?

In short? It depends.

Most states, Utah among them, have dram shop laws. However, not all do. Dram shop liability allows for victims of drunk driving accidents to pursue compensation from a bar or restaurant for providing the drunk driver with alcohol. Since dram shop laws are implemented at the state level, terms vary. A personal injury attorney will know about the DUI laws in your state and whether or not the terms of dram shop laws (if applicable in your state) apply to your case.

The Origins Of Dram Shop Laws

Dram shop laws originated in the 18th Century. They got their name from the British way of measuring alcohol, a “dram”. Dram shops were bars, pubs, taverns, and other establishments that served alcohol.

Modern dram shop laws apply to business that sell or serve alcohol to customers, such as bars, but also including nightclubs, pubs, taverns, restaurants, and more. 

Utah Dram Shop Law

Section 32B-15-201 of Utah Code states that vendors are responsible for injuries and damages in drunk driving accidents if the drinks were served under the following circumstances.

• The patron was under 21.
• The patron was already under the influence of drugs or alcohol.
• The patron was a known interdicted person, meaning that sale of alcohol to that person is prohibited by either law or court order. 

Under 32B-15-201, you only have 2 years to file a dram shop case. This means that if you wait 2 years after the drunk driving accident occurred before trying to sue a bar, you’ll lose your case.

How A Lawyer Can Help

Lawyers know their way around dram shop liability. They’ll be able to help determine whether or not a bar breached their civil responsibility in a way that contributed to the drunk driving accident. Some of the ways this occurs includes:

• Serving alcohol to a patron that was already drunk
• Not requiring or requesting proof of age
• Serving underage patrons
• Exceeding the cap amount
• Providing alcohol after closing time

When A Bar May Not Be Liable For A Drunk Driving Accident

It is important to note that bars serve alcohol. This is what they do. Bars cannot always be held liable for the things that patrons go and do. A lawyer will be able to work with you on your case in order to determine whether or not the bar shares responsibility in the drunk driving accident or not. 

In order to prove that a bar is liable, it must be proven that they served a patron they shouldn’t have. They must be in breach of their legal duty to not serve people who are underage or visibly intoxicated. If someone where to order a drink and then give it to someone else, the bar may not be liable for a drunk driving accident if there was no reasonable way for the bartender to know who the drink was for.

What To Do If You’ve Been In A Drunk Driving Accident

First things first, you’ll want to take pictures of the scene and gather contact information, if you can. It may be that the only thing you can do is wait for medical attention. Even if you feel fine, it’s important to seek out medical attention, as adrenaline can mask serious injuries.

Then, you’ll want to talk to a personal injury attorney in order to achieve the damages you deserve. LeBaron & Jensen provides free case consultations. If you’ve been a victim to a drunk driving accident, don’t hesitate to contact us.

After being involved in an accident, insurance adjusters get involved very quickly – sometimes so quickly that you don’t even have time to think about talking to a personal injury attorney first. However, as personable as your insurance adjuster may seem, they’re not on your side. While you may feel desperate to prove that you weren’t at fault or entirely at fault for the accident, you want to keep your guard up when talking to an insurance adjuster.

Here, we’ll go into why you should be wary of insurance adjusters and what to do after being involved in an accident. 

Understanding Your Insurance

First things first, you want to ensure that you have a thorough understanding of your insurance coverage. The better you understand it, the less likely it is that you will be taken advantage of. As much as we’d all like to trust our insurance to treat us fairly and not take advantage of us, the unfortunate reality is that this is rarely the case. 

Your insurance company is looking out for ways to make as much money as possible while paying as little as they possibly can. Since you’re paying for your insurance, you may think this means that they’re on your side, but your insurance company is on their own side – not yours. Insurance adjusters are trained to be friendly and make you think you can give them a written or recorded statement, but you don’t want to do this.

This doesn’t mean you shouldn’t communicate with your insurance or anything like that. You need to inform your insurance about accidents within 24 hours, as failure to do so can end up complicating or even invalidating your claim. 

Rather, you want to work with a personal injury attorney. This is because attorneys know how to work with insurance to ensure that you receive the best possible results. We’ll go further into the things insurance adjusters can do below so that you can better understand how important it is to have an attorney on your side throughout the insurance claims process.

Why You Should Be Wary Of Insurance Adjusters

Being involved in an accident is stressful enough, even without having to deal with insurance. Dealing with insurance adjusters can make it even more stressful. While the claims process should be simple, it’s commonplace for insurance companies to complicate matters and make it challenging to understand what you should do and how things should be handled.

Some of the things insurance adjusters can do include the following.

#1. Claiming That You Are At Fault

If you were a victim to an accident, proving this can be far more challenging than it should be. Insurance adjusters often try to pin the blame on you in order to avoid paying you. They want to give you as little as possible. 

Even if you think that you are guilty or partially to blame for what happened, never admit this to your insurance. Even if you think that the accident was your fault, the other person may be partially to blame through recklessness or other such behavior. This is why taking accident scene pictures and contacting witnesses is so important. 

#2. Claiming That Your Damages Aren’t Covered By Your Policy

Most people don’t really understand the ins and outs of their insurance policies – and your insurance is counting on that. They also don’t understand the amount of damages they deserve. Insurance companies often try to claim that your policy won’t cover the damages from the accident, whether they involve physical injuries or property damage. They do this by stretching the truth and trying to take advantage of you.

This can lead to your insurance not paying claims, delaying payments, not investigating adequately, and more. 

#3. Trying To Pressure You Into Accepting A Low-Ball Offer

Insurance adjusters may offer you a certain amount right out of the gate in order to try to resolve your claim as soon as possible. The initial offers are seldom, if ever, the amount that you deserve. They are often extremely low, counting on you being grateful to receive anything at all, without full knowledge of how much you may be entitled to.

Personal injury attorneys fight for you to be able to receive the compensation you deserve. Typically, clients with personal injury attorneys receive 3x the amount that unrepresented clients do. 

#4. Trying To Pressure You Into Giving A Statement

Your insurance adjuster may try to pressure you into giving a written or recorded statement. This may seem harmless, but remember that anything you say can and will be held against you, even offhand remarks.

Consult with an attorney before doing anything like this. Personal injury attorneys know how to prove responsibility and how to work with insurance companies to ensure that you receive the damages you deserve. 

#5. Ask If There’s Anything You Could Have Done To Prevent The Accident

Your insurance adjuster seems nice and friendly, so if they ask you if there’s anything you could have done to prevent the accident, you may think that it’s fine to share. They may ask about the weather, driving conditions, all sorts of things. Do not do this. Direct them to speak with your attorney. 

Dealing With Insurance Adjusters

Insurance adjusters are just doing their jobs. Their job is to prevent fraud by ensuring that you’re not lying about the accident and to settle claims quickly and for a low amount. Many insurance adjusters do not have specialized medical or legal knowledge.

Having a personal injury attorney on your side gives you a leg-up. With evidence and advanced knowledge of your case, your attorney will be able to help you deal with insurance adjusters so that you receive the compensation you deserve.

At LeBaron & Jensen P.C., our personal injury attorneys work hard to help you deal with insurance companies. Contact us today to schedule a case consultation.