How a Criminal Conviction Can Affect a Personal Injury Case

 Posted on August 29, 2025 in Personal Injury

If you were injured by someone who has also been charged or convicted of a crime for the same incident, you may be wondering how their criminal case impacts your right to recover compensation. For many victims in Illinois, the answer is reassuring: a criminal conviction can indeed strengthen your personal injury claim, though the two cases are handled separately.

At Mevorah & Giglio Law Offices, our DuPage County personal injury attorneys have more than 175 years of combined experience representing victims in Illinois. We offer free consultations to help you understand your rights, the legal process, and how a criminal conviction against the at-fault party may affect your case. Call us today. 

Criminal Cases vs. Civil Cases

It helps to first understand that criminal cases and personal injury cases are different. A criminal case is filed by the state of Illinois against someone suspected of committing a crime. The state seeks penalties like jail, probation, or fines.

A civil case, such as a personal injury lawsuit, is brought by a victim to recover compensation for damages like medical expenses, lost wages, pain and suffering, and more.

These cases can be connected but operate under separate standards of proof. In a criminal case, prosecutors must prove guilt beyond a reasonable doubt, which is the highest burden of proof. But in a civil case, you only need to show the defendant is liable for negligence by a preponderance of the evidence, meaning it is more likely than not that the defendant caused your injuries.

How a Criminal Conviction Can Strengthen Your Personal Injury Claim

If the defendant is convicted of a crime like DUI, reckless driving, or even homicide, it can make your civil case much stronger. That conviction is strong evidence that the defendant engaged in unlawful and dangerous behavior that caused you harm.

Some key ways a criminal conviction helps a personal injury claim include:

• Establishing liability: A guilty verdict demonstrates that the defendant broke the law, which supports your claim that their conduct caused your injuries.

• Encouraging settlement: Defendants and their insurance companies may be more willing to settle once a conviction is on record, knowing it will be difficult to fight your claim.

• Punitive damages: In some cases, such as when the defendant acted with extreme recklessness, Illinois courts may award punitive damages to punish them and deter similar conduct in the future.

Even if the person who injured you is acquitted or never convicted, you may still have a strong personal injury claim. Civil courts apply a lower burden of proof, meaning you do not have to show guilt beyond a reasonable doubt. You only need to demonstrate that the defendant’s actions more likely than not caused your injury. This is why some victims succeed in civil court even when the criminal justice system does secure a conviction.

Examples of Criminal Conduct That Lead to Personal Injury Claims

Many personal injury cases happen because of incidents where the defendant also faces criminal charges. Common examples include drunk, reckless, or otherwise negligent driving; criminal negligence (mishandling a gun, for example); and violent crimes, like assault or battery. In each of these scenarios, the criminal case deals with punishment, while your personal injury claim focuses on making you financially whole.

Contact a Bloomingdale, IL Personal Injury Lawyer

If you were injured by someone who also faces criminal charges, the outcome of the criminal case could help your ability to recover compensation. But you only have two years to file a personal injury case, and the sooner you act, the better – even if the criminal case is not yet over. 

At Mevorah & Giglio Law Offices, our DuPage County personal injury attorneys have 175 years of combined experience standing up for injury victims. We will explain your rights, build a case for damages, and fight to get you the compensation you deserve. Call us today at 630-932-9100 for a free consultation.