Can a Guilty Plea in a Criminal Case Be Used in a Personal Injury Case in Kentucky?
In Kentucky, after someone suffers an injury because of another person’s negligence, they can pursue a personal injury claim to recover compensation. In some cases, the negligent party may face both criminal charges and a civil claim for the same conduct. For instance, if a drunk driver causes an accident, they may face drunk driving charges and also a civil claim for their negligent conduct. Both cases may proceed through the justice system simultaneously, or one case may conclude before the other begins.
In cases where a negligent party is also charged in criminal court, injured victims often wonder if a guilty plea in the criminal case can be used in the personal injury claim as evidence. So, can it? Our London & Southeast Kentucky attorneys explain.
Criminal vs. Civil Proceedings
Before going into whether a guilty plea in a criminal case can be used in a personal injury case in Kentucky, it is crucial to understand the difference between criminal and civil proceedings. The government brings a criminal case to punish someone for violating the law. For example, after a drunk driving accident, the drunk driver may face DUI charges for driving under the influence. On the other hand, a personal injury case, which is a type of civil case, is filed by the victim seeking financial compensation for damages, such as medical expenses, lost wages, and pain and suffering. So, in short, whereas a criminal case focuses on punishing the at-fault party, a personal injury claim is focused on compensating the victim.
Can a Guilty Plea Be Used in a Personal Injury Claim?
Simply put, yes. In most cases, a guilty plea in a criminal case can be used in a personal injury case. By pleading guilty, the defendant admits that they broke the law. For example, if a defendant pleads guilty to DUI after an accident, that plea can be strong evidence in a personal injury claim. It shows that the defendant was engaged in illegal conduct at the time of the accident, which can help establish liability.
However, just because you can use a guilty plea in a personal injury case, it does not mean you will automatically win your personal injury case. A guilty plea means the defendant admits they breached their duty of care. You still need to prove the other legal elements: causation and damages. Fortunately, civil liability is proven under a lower standard of proof than in criminal court. While a prosecutor must prove all elements of the crime beyond a reasonable doubt, a personal injury claimant must only prove their case by a preponderance of the evidence. This means showing that it is more likely than not that your claims are true.
While a guilty plea can be used in a personal injury claim, if a defendant enters a no-contest or Alford plea, such a plea may not be considered admissible in a personal injury case, as the defendant did not formally and fully admit guilt.
In conclusion, a guilty plea in a criminal case can be powerful evidence in a Kentucky personal injury claim, helping establish liability. However, it doesn’t guarantee success. You must still prove causation and damages. This makes having experienced legal representation crucial.
Contact Us for Legal Help
Contact our experienced London & Southeast Kentucky personal injury attorneys at Cessna & George Law Firm for help proving your case and recovering the compensation you deserve.
