CAN MY LAWYER PROSECUTE THE PERSON WHO INJURED ME IN ACCIDENT? PUT THEM IN JAIL?
Our personal injury lawyers represent people who have been seriously injured. Also, the family of someone killed in an accident. Sometimes, the accident is caused by a simple mistake like accidentally running a red light. But sometimes the cause is much worse. Examples include drunk driver car accident, or a defective product that the manufacturer knew was defective and decided to sell anyway. Likewise, an auto accident with the driver on a cell phone or texting. These very bad negligent acts by someone can cause serious injury or death.
When the accident injury victim is catastrophically injured, or the family is faced with the death of a loved one, they may understandably become very angry. They want to punish the person who caused the unnecessary tragedy.
Our attorneys are sometimes asked if we can do anything to punish the person who caused the accident, e.g., make sure they go to jail. The answer to that question is usually “no.” We are civil lawyers. Therefore, our jurisdiction is limited to bringing a civil claim for money damages against the person who caused the accident. This is true even if it was a drunk driver that killed someone, or they were illegally texting and driving.
ONLY THE GOVERNMENT CAN PUT SOMEONE IN JAIL
Criminal punishment is up to the government, not private lawyers. If the accident is caused because of breaking the law, e.g., drunk driver or texting while driving, it is up to the policy and prosecutor to punish criminally. If convicted, the person may go to jail, depending on the judge’s sentence. However, that is something a personal injury attorney cannot control. We do make sure the prosecutor knows we are interested and watching. We try to put some pressure on, but ultimately it is up to the law enforcement system.
COMPENSATION FOR INJURY ACCIDENT
What a personal injury lawyer can do is obtain money compensation for our clients from the other person’s insurance. Sometimes the clients want us to get ‘every last cent’ of the other person’s money. Unfortunately, we cannot even do that: There are judgment exemption laws in Minnesota and at the federal level. These laws limit what a lawyer can take from someone. There is also bankruptcy protection that will protect the person at fault to some degree. In most cases, our primary focus is on insurance coverage. Our goal is to get you as full compensation as possible.
Although we can pursue someone to the point that they at least have to declare bankruptcy, that is usually not in the best interest of our clients either. It puts the client through an unnecessary trial to relive the accident. It also risks the insurance money, because trials always have some risk. Further, it increases costs of the case so the client ultimately gets less money compensation.
Occasionally, the person who caused the accident will have significant money or assets beyond their insurance. Our attorneys always investigate this possibility. In fact, we have had a few cases where the other person had to make a payment beyond their insurance. However, this is rare.