How a Criminal Record Affects Your Personal Injury Claim

The Impact of a Criminal Record on Personal Injury Claims

Many accident victims with criminal records worry that their past will prevent them from recovering fair compensation for their injuries. The good news is that having a criminal record does not disqualify you from pursuing a personal injury claim or receiving a settlement. You have the same legal right to compensation for injuries caused by someone else's negligence regardless of your criminal history. However, a criminal record can affect your claim in several indirect ways that you should understand and prepare for.

The primary way a criminal record can affect your personal injury claim is through its potential impact on your credibility. If your case goes to trial, the defense may attempt to introduce evidence of your criminal history to undermine your credibility with the jury. Insurance adjusters may also factor your criminal history into their evaluation of your claim, anticipating that a jury might be less sympathetic to a plaintiff with a criminal record.

Despite these challenges, experienced personal injury attorneys handle cases involving clients with criminal records regularly and know how to minimize the impact of a criminal history on the claim. Understanding the rules governing the admissibility of criminal records, the strategies for protecting your credibility, and the ways to present your case effectively is essential for achieving a fair outcome.

How Criminal Records Can Be Used in Personal Injury Cases

The rules governing the use of criminal records in personal injury cases vary by state but follow some general principles.

Impeachment of Credibility

The most common way a criminal record is used in a personal injury case is to impeach the plaintiff's credibility. If you testify at trial, the defense may be able to introduce evidence of certain criminal convictions to suggest that you are not a trustworthy witness. The theory is that a person who has been convicted of certain crimes may be more likely to be dishonest in their testimony.

Types of Convictions That May Be Admissible

Not all criminal convictions are admissible for impeachment purposes. Generally, convictions for crimes involving dishonesty or false statement, such as fraud, perjury, forgery, and theft, are most likely to be admissible because they directly relate to the witness's truthfulness. Felony convictions may also be admissible in many jurisdictions, even if they do not involve dishonesty, although the court may exclude them if their prejudicial effect outweighs their probative value.

Types of Convictions That Are Generally Not Admissible

Misdemeanor convictions that do not involve dishonesty are generally not admissible for impeachment purposes. Arrests that did not result in convictions are also generally not admissible. Juvenile records are typically sealed and not admissible. Convictions that are too old, typically more than ten years, may be excluded.

The Balancing Test

Courts typically apply a balancing test when deciding whether to admit evidence of criminal convictions. The court weighs the probative value of the conviction, meaning its relevance to the witness's credibility, against the prejudicial effect of the evidence, meaning the risk that the jury will use the conviction to judge the plaintiff's character rather than their credibility. If the prejudicial effect substantially outweighs the probative value, the court may exclude the evidence.

How Insurance Companies View Criminal Records

Insurance companies may consider your criminal record when evaluating your claim, even though it should not affect the value of your damages.

Background Investigations

Insurance companies routinely conduct background investigations on claimants, which may include criminal record checks. While your criminal history should not affect the calculation of your damages, it may influence the insurance company's negotiation strategy.

Settlement Negotiations

Insurance adjusters may factor your criminal record into their settlement calculations, anticipating that a jury might award less to a plaintiff with a criminal history. This can result in lower initial settlement offers. However, an experienced attorney can counter this tactic by focusing on the strength of the evidence and the severity of your injuries.

Credibility Assessments

Adjusters may view claimants with criminal records as less credible, particularly if the criminal history involves dishonesty. This perception can affect how the adjuster evaluates your reported symptoms and claimed damages.

Strategies for Protecting Your Claim

Several strategies can help minimize the impact of a criminal record on your personal injury claim.

Be Honest with Your Attorney

The most important step is to be completely honest with your attorney about your criminal history. Your attorney needs to know about your record so they can develop a strategy to address it. Surprises at trial can be devastating to your case.

Focus on Strong Evidence

The best way to overcome credibility concerns is to build a case supported by strong, objective evidence. Medical records, imaging studies, expert testimony, and other objective evidence speak for themselves regardless of your criminal history.

Minimize the Need for Testimony

If your criminal record is a concern, your attorney may structure the case to minimize the need for your testimony. Relying on medical records, expert witnesses, and other evidence can reduce the opportunity for the defense to introduce your criminal record.

File Motions to Exclude

Your attorney can file pretrial motions to exclude evidence of your criminal record. If the convictions are old, do not involve dishonesty, or would be unfairly prejudicial, the court may exclude them.

Prepare for Cross-Examination

If your criminal record is likely to come up at trial, your attorney will prepare you for cross-examination. Being honest, straightforward, and showing that you have moved past your criminal history can minimize the impact on the jury.

Settle Before Trial

Many personal injury cases settle before trial. In settlement negotiations, your criminal record is less of a factor because there is no jury to be influenced. Your attorney can negotiate a higher settlement based on the strength of your evidence and the severity of your injuries.

Specific Scenarios and Their Impact

Different types of criminal records have different impacts on personal injury claims.

DUI Convictions

If you were injured in a car accident and have a prior DUI conviction, the defense may try to suggest that you were impaired at the time of the accident, even if you were not. Your attorney can counter this by presenting evidence that you were sober at the time of the accident, such as police reports and blood test results.

Drug Convictions

Drug convictions may be used to suggest that your reported symptoms are related to drug use rather than the accident. Medical evidence clearly linking your symptoms to the accident can counter this argument.

Fraud Convictions

Fraud convictions are the most damaging to credibility because they directly relate to dishonesty. If you have a fraud conviction, your attorney will need to develop a strong strategy for addressing it.

Violent Crime Convictions

Violent crime convictions may create negative impressions with the jury but are less directly relevant to credibility than dishonesty convictions. Courts may exclude these convictions if their prejudicial effect outweighs their probative value.

Expunged or Sealed Records

If your criminal record has been expunged or sealed, it generally cannot be used against you in a civil proceeding. However, the rules vary by state, and some exceptions may apply.

Your Rights as a Claimant with a Criminal Record

Understanding your rights helps protect your claim.

Equal Right to Compensation

You have the same legal right to compensation for injuries caused by someone else's negligence as any other person. Your criminal record does not reduce the value of your damages or eliminate the defendant's liability.

Protection Against Unfair Prejudice

The rules of evidence protect you against the unfair use of your criminal record. Courts will exclude evidence that is more prejudicial than probative, and your attorney can advocate for the exclusion of your criminal history.

Right to Privacy

Your criminal record is not automatically disclosed to the jury. The defense must follow specific procedures to introduce criminal record evidence, and your attorney has the opportunity to object and argue for exclusion.

Right to Explain

If your criminal record is admitted, you have the right to explain the circumstances of your convictions and to show that you have rehabilitated. Jurors are often understanding of past mistakes when the plaintiff is honest and forthcoming.

Conclusion

A criminal record does not prevent you from pursuing a personal injury claim or receiving fair compensation for your injuries. While your criminal history may create some challenges, particularly regarding credibility, experienced attorneys know how to minimize these impacts and present your case effectively. The key is to be honest with your attorney, build a case supported by strong objective evidence, and develop a strategy for addressing your criminal history if it becomes an issue.

Use our free settlement calculator to get an estimate of what your injury claim may be worth. Our tool focuses on the factors that truly determine settlement value, including your injury type, medical expenses, and lost wages, to provide a personalized estimate regardless of your background.

The Role of Character Evidence in Personal Injury Cases

Understanding the broader rules about character evidence helps you appreciate the limitations on using your criminal record.

General Rule Against Character Evidence

The general rule in civil cases is that character evidence is not admissible to prove that a person acted in conformity with their character on a particular occasion. This means the defense cannot introduce your criminal record simply to suggest that you are a bad person who does not deserve compensation.

The Credibility Exception

The main exception to this rule is that criminal convictions may be used to impeach a witness's credibility. This exception is limited to situations where the plaintiff testifies, and even then, the court applies a balancing test to determine whether the conviction should be admitted.

Relevance Limitations

Criminal convictions that are not relevant to the issues in the case should not be admitted. For example, a decades-old shoplifting conviction has little relevance to whether you were injured in a car accident and should not be admitted to influence the jury.

How Different Types of Cases Are Affected

The impact of a criminal record varies depending on the type of personal injury case.

Car Accident Cases

In car accident cases, your criminal record is generally irrelevant to the question of whether the other driver was negligent and caused your injuries. However, DUI convictions may be used to suggest that you were impaired at the time of the accident.

Slip and Fall Cases

In slip and fall cases, your criminal record is typically irrelevant to the question of whether the property owner maintained safe conditions. The focus should be on the hazardous condition and the property owner's negligence.

Workplace Injury Cases

In workers' compensation cases, your criminal record is generally not relevant because workers' compensation is a no-fault system. You are entitled to benefits regardless of your criminal history.

Medical Malpractice Cases

In medical malpractice cases, your criminal record is irrelevant to the question of whether the healthcare provider met the standard of care. The focus should be on the medical evidence.

Moving Forward with Confidence

Having a criminal record does not mean you should not pursue a personal injury claim. Many successful personal injury cases have been brought by individuals with criminal histories. The key is to work with an experienced attorney who can develop a strategy to address your criminal record and present your case in the strongest possible light. Your injuries are real, your damages are real, and you deserve fair compensation regardless of your past.

The Importance of Full Disclosure to Your Attorney

One of the most critical steps you can take to protect your claim is to be completely honest with your attorney about your criminal history from the very beginning. Your attorney needs to know about your record so they can develop a strategy to address it proactively rather than being caught off guard. Attorney-client privilege protects your communications with your attorney, so anything you share is confidential. By disclosing your criminal history early, your attorney can assess the potential impact on your case, develop strategies to minimize that impact, prepare for cross-examination if your case goes to trial, and make informed decisions about settlement versus litigation. Surprises about your criminal history during litigation can be devastating to your case, so full disclosure from the start is essential.