Indiana Injury Lawsuit vs. Restitution Order in Criminal Case
If you are a victim of violence in Indiana leading to injuries, you are probably aware that a pending criminal case against your attacker(s) could involve an order of restitution upon a conviction. What you may not know is that you have further legal options in a civil lawsuit.
Individuals who are deemed liable for the injuries of another person – whether through negligence or intentional conduct – can be ordered in civil court to cover damages for medical bills, lost wages, and pain and suffering. This is separate and apart from any order of restitution in a criminal court, since the two operate independently of each other. While no insurance company will pay for the cost of intentional injuries inflicted by an insured, they could be responsible to cover third-party liability in such a case. For example, if you are injured at a bar in an attack by a fellow patron, you may have grounds to sue the bar itself in an Indiana premises liability claim if there is evidence such an incident was foreseeable, and the bar’s security was inadequate.
It’s often in a victim’s best interest to explore civil injury case options, since restitution orders often only take into account actual damages and often do not calculate payouts based on intangible losses, such as pain and suffering and mental anguish.