While there is no connection between your past crime and your personal injury case in Florida, most people will observe a criminal record negatively. In a substantial number of personal injury lawsuits, the jury is made up of ordinary citizens who will assess the plaintiff’s personal injury claim. A jury may have a perilous view of a criminal record. But how severe will the penalties of a criminal record be for your case?
It depends on the kind of crime you committed and condemned. For example, if you received a DUI conviction more than ten years ago, the effect will likely be minimal. The longer the time elapsed after the crime and the less severe nature, the better the results.
If you were condemned for a crime that includes dishonesty or deceit, it would likely have a more adverse impact. In wide-ranging, juries are wary of giving compensation to accusers who have been convicted of an offense that involves lying or serious criminal delinquency unless there is evidence that they have changed their life around.
A conviction’s influence will be more unfavorable if it has occurred recently, as it does not provide the lawbreaker with as much time to show that they have changed for the better. For example, the jury may view the complainant’s character with distrust if they were convicted for forgery in the recent past.
The Best Way Forward to Protect Your Personal Injury Case in Florida:
It is best to be truthful and hire an expert lawyer for your criminal record. You will undoubtedly be interrogated about your criminal history at various points in life. When faced with such inquiries, answer honestly and provide the facts of your offense and succeeding conviction.
Irrespective of whether or not you elect to disclose your criminal record, the defense will find out about your persuasion sooner or later and use it to prove that you are fraudulent, which will affect your claim and possible repossession.
If you have an inconsistent criminal history, your lawyer may recommend relinquishing a jury trial altogether. A magistrate will then rule on your case more rationally and make decisions more logically than a jury. Juries tend to have a more expressive response to the petitioner’s damages. Though, if the plaintiff has a criminal background, these emotions could be damaging.
The Effect of a Criminal Record on a Personal Injury Case in Florida:
If the petitioner has a criminal record, it could harm their personal injury claim in the following ways:
- Upon filing a personal injury case, the plaintiff’s credibility will often be under the microscope. For example, if the plaintiff has been convicted for perjury or fraud, the evidence on that conviction can potentially be reviewed and may significantly impact any settlement offers.
- At times, defense lawyers will present an accuser’s criminal background to discredit them through a process known as an accusation, which essentially means to catch them lying. If the complainant states that they have a safe driving record, the defense lawyer will likely examine to see if they have committed any past traffic offenses.
- Your personal injury claim will likely be debilitated with any serious felony convictions, predominantly recent ones. Insurance companies are less likely to offer considerable amounts of money to an individual with a severe crime such as forgery, on their record.
In general, severe and more recent criminal convictions will substantially affect a personal injury claim than minor crimes committed years ago.
Impeachment:
“Impeaching the witness” in the court means catching the witness deceitful or lying. An attorney for the opposite side could use your criminal background as a means to trick you.
For instance, you might believe that your traffic ticket is of no significance in a slip-and-fall claim and not suspect anything when a lawyer inquires whether you ever got a ticket for speeding. If you appear that you did not drive over the speed limit and the attorney produces a speeding ticket, they have just trapped you in a lie. After this, anything you say will be doubtful.
What Should You Do Now?
Be careful of everything that the opposite party could potentially use against you. Your advocate can make sure that you don’t forget anything. Studying your county arrest records and executing a background check on yourself is a good idea as you will better comprehend what the other side will see.
To avoid problems before they start in a personal injury case in Florida, be open and honest about your past. An experienced lawyer can help subtlety your testimony on the stand so that you are not entrapped. More, it may be possible to erase certain criminal convictions even before trial.