The District Attorney’s decision does not bind a civil case.
DA’s Decision Impact On a Civil Case
Hi, I am Tulsa personal injury attorney Mike Ashworth. You have a situation where something happens to you. It could be getting hit by a DUI driver. It could be getting into an assault and somebody hits you. It could be something where there is an opportunity for a district attorney or law enforcement to be involved, but you’re the person who is injured or harmed.
Now, what happens if the DA doesn’t file charges? Let’s say, for example, you have someone who’s DUI, driving under the influence of alcohol or other substances. They hit you, they hurt you badly. Now, they have committed arguably a crime, DUI personal injury accident, or a DUI accident involving great bodily injury. But let’s say there’s a technical problem. What happens is they didn’t get the breathalyzer or blood test in a timely fashion, and the district attorney says, man, I really would like to prosecute this case, but I can’t.
Does that stop you from bringing a civil case for your damages? The answer is no, not at all. The act of the district attorney cannot bind you in terms of your rights for a civil suit for damages. They’re completely separate. They’re connected to the extent that the evidence in one is going to be overwhelmingly the evidence in the other. But the fact the DA, for whatever reason, maybe it’s because they think that the witnesses won’t show, they may think that there’s a mistake chemically, and they may think that in the assault and battery that someone was a mutual combatant, and they decide, well, they were fighting each other. We could file assault and battery, but we’re not going to do it.
Seeking Legal Remedy for Personal Injury Damages
It doesn’t stop you from filing a suit when the person hit you and broke your jaw. So if you have a situation like that where it’s in both places, understand, we don’t make the charging decisions for them as your attorney. They don’t make the suing decisions for us as your attorney.
Mike Ashworth, TulsaPersonalInjuryLawyer.pro, or 918-924-5528. Give me a call. I’ve been doing this for a long time. And like I say, and I say this almost every time, if I’m not the right fit, we’ll get you the right one. So call me. It doesn’t cost you anything. Talk to me.
Free Consultation Available
If you have been involved in a personal injury case and are unsure about the impact of the DA’s decision, don’t hesitate to reach out to us for a free consultation. We understand the complexities of these situations and can provide you with the guidance and legal support you need. Contact me, an Oklahoma personal injury lawyer, at TulsaPersonalInjuryLawyer.pro or call 918-924-5528 to schedule your free consultation today.
