Negligence is the lack of proper precautions and diligence that responsible people should demonstrate. It is a common feature of cases involving machinery mishaps and problems resulting from medical procedures.
A tort is a claim based on accident, negligence or even strict liability. It aims to compensate any resulting injury from an incident. The claim may be based on an accident, which is a liability for an act that due to lack of foresight was not prevented.
When we speak of strict liability, this pertains to the assumption of risk taken by the person in authority who exposes his employees or other persons to danger. Even in the absence of negligence, injury compensation lawyers say that strict liability may still be a source of tort.
The civil case for damages may be reserved, initiated right away or be included along with the main case. The last option is the traditional method for criminal and administrative cases. Once you file a criminal case, there is an option to lodge the civil case in the complaint. Unless such action is reserved, it will be held simultaneously.
Filing the Civil Case Ahead
If the evidence is weak for the main case, your chances of winning the civil case would be better if you file it separately. This is because the evidence required for civil cases or claims for damages are relatively less stringent than for criminal ones.
This means that if the criminal case is based on an intentional act, but there is no clear evidence to support that claim, a civil case may still be won based on the resulting accident. This is why filing a civil case instead of a criminal one may be more beneficial for others.
Remember that for the best outcome, it is best to consult with experienced lawyers. With the right legal advice, you will know the best way to proceed with your claim.