If you have been injured as a result of criminal behaviour by another person, you may be wondering how the criminal case would affect your compensation claim. In Scotland, criminal and civil proceedings are separate, but they can influence each other in important ways.
If you have been injured and need clear guidance on how a criminal case could influence your civil claim, contact our personal injury team today on 0800 988 8082 or complete our online enquiry form for tailored advice.
What is the difference between a criminal case and a civil case?
Criminal cases are brought by the state (via the Crown Office and Procurator Fiscal Service) to punish the crime and protect the public. Civil cases, including personal injury claims, are brought by individuals seeking compensation for harm suffered by them.
If you have been injured, you may be involved in both the criminal case against the offender and your own civil claim for compensation.
Could the criminal case delay my civil claim?
Yes, it could. Civil claims may be paused until the criminal case concludes, especially if the facts are closely linked. This can be to:
- Avoid prejudicing the criminal trial.
- Allow the criminal investigation to complete.
- Benefit from any findings or admissions made during the criminal process.
Your solicitor could advise waiting to proceed with your personal injury claim, especially if a conviction could strengthen your case.
How could a conviction help my personal injury claim?
If the person who caused your injury is found guilty, it could significantly support your civil claim. If someone is convicted of injuring you, that conviction can be used as evidence in your personal injury claim.
What if the accused is found not guilty?
Even if the accused is found not guilty, you can still pursue a compensation claim, as you only need to prove that it’s more likely than not that the person caused your injury.
This means you can still claim compensation even if the criminal case did not result in a guilty verdict.
If you do want to make a claim, you should contact a personal injury solicitor as soon as possible.
In Scotland, personal injury claims generally must be made within three years of the incident. If the criminal case takes time, your solicitor can help ensure your claim is lodged in time or request an extension if appropriate.
Frequently Asked Questions
Yes, but your solicitor may advise waiting if the criminal case affects the evidence.
No, but it can strongly support your civil claim.
Yes, civil claims use a lower standard of proof.
It can, especially when both cases rely on the same facts.
Generally three years from the date of the incident.
Contact our Personal Injury Lawyers in Scotland
If you have suffered injury due to criminal behaviour and want to understand your options for compensation, our solicitors are here to help. Call 0800 988 8082 or send details through our online contact form and a member of our team will be in touch.
