A: Yes. A person may be sued civilly and prosecuted criminally for the same conduct. For example, in the O.J. Simpson case, Simpson faced criminal charges of murder and was also sued for wrongful death. He was found not guilty of the criminal charges, but he was found liable for wrongful death and ordered to pay $8.5 million. In Ohio, it is common for a person to be charged with Vehicular Assault or Vehicular Homicide and also be subjected to a civil lawsuit.
In both criminal and civil cases, there is a plaintiff and a defendant. In a criminal case for Vehicular Assault or Vehicular Homicide, the plaintiff is the state of Ohio. In a civil case, the plaintiff is the injured person or the estate of the deceased person.
A: In a criminal case for Vehicular Assault or Vehicular Homicide in Ohio, a judge may impose financial sanctions. One of the available financial sanctions is restitution. Restitution is reimbursing the victim or the victim’s family for economic loss directly resulting from the crime. Restitution does not include non-economic loss such as pain and suffering.
In a civil case based on the conduct of Vehicular Assault or Vehicular Homicide in Ohio, a judge may award damages. One type of damages is economic damages, which compensate a person for economic loss, such as lost wages and medical bills. Unlike restitution, damages in civil cases do include compensation for non-economic loss, such as pain and suffering and loss of consortium. Ohio also provides for punitive damages when the defendant acts maliciously or with a conscious disregard to the safety of the plaintiff. Punitive damages are intended to punish the defendant and deter others.
A: Probably not. There are attorneys in Ohio who practice both criminal and civil litigation, but most trial attorneys focus on either criminal litigation or civil litigation. A criminal defense attorney would represent you for the criminal charges of Vehicular Assault or Vehicular Homicide. A civil defense attorney would represent you for the civil case arising out of the accident.
A: In criminal cases of Vehicular Assault and Vehicular Homicide in Ohio, an insurance company typically does not provide an attorney. In civil cases arising from an auto accident in Ohio, an insurance company typically does provide an attorney for the civil case. The provision of that attorney and the extent of representation depends on the specific insurance policy. Someone charged with Vehicular Assault or Vehicular Homicide in Ohio should review their insurance policy and communicate with their insurance company about representation.
The Dominy Law Firm represents clients charged with Vehicular Assault and Vehicular Homicide. We practice in Franklin County, Ohio and other counties in Central Ohio. Our lawyers have expertise in this area: they authored and edited the Ohio Vehicular Assault Guide and the Ohio Vehicular Homicide Guide . If you are charged with or being investigated for Vehicular Assault or Vehicular Homicide and would like to discuss representation, you can arrange a free phone consultation by submitting a Dominy Law Firm CONTACT FORM or by calling the Dominy Law Firm at 614-717-1177 .