Criminal law uses tools such as prison, jail, fines, probation, community service and other penalties to punish a person guilty of a crime. Justice is shaped differently in civil law because negligence is not the same as a crime.
Negligence is not a Crime
What determines if an injury is a crime or negligence?
An injured person is described as a victim. Justice for the victim is determined by how the injury happened. The question is: “Was the injury an accident or was the injury on purpose?”
- Negligence = Accident
- Crime = On Purpose
When one person hurts another on purpose, they have committed a crime and are punished as a criminal. A purely negligent person does not intend to hurt another person. For example: A driver is distracted by traffic behind him and does not see a red light in time. The distracted driver is unable to stop. He accidentally hits another vehicle while trying to stop. The distracted driver made a mistake. He was negligent. The negligent driver is responsible for the damages.
Justice in Negligence Cases
For negligence claims, justice is determined by the cost of the damages. Alaskan law requires a negligent person to assist the victim of the negligence, or to assist the family of the victim. Money is the leading way to assist the victim in a negligence claim. In other words, society does not punish a negligent person with a jail sentence. Society asks a negligent person to pay for the damages they caused.
Personal injury and negligence cases often resolve with a settlement agreement before trial is needed. When parties do not agree to settle the claim, a lawsuit is required. Merdes Law Office, works hard to settle our clients’ car accident cases without the court. In some cases, we must file a lawsuit and go to trial. Please call us to discuss your case: 907.452.5400 or visit www.merdes.com.
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us… We’re here if you do.
