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Will the other person go to jail if found guilty?

| Dec 18, 2018 | Personal Injury |

Many people think that when you go to court in Minnesota, you always face the potential to go to jail. However, this is not true when it comes to personal injury cases. The American Bar Association explains this is a civil case. That means there is no potential for going to jail. So, if you sue someone for a personal injury issue, that person will not go to jail if the judge finds in your favor. In addition, this type of case usually does not have guilty verdicts, so the other person will not be found guilty. Rather the judge would find him or her at fault.

A civil case involves civil law, not criminal laws. There is potential for a personal injury case to also include criminal elements. For example, in a car accident, you may sue someone for your injuries, but the state may also charge that person with a crime. Both cases result from the same accident, but they are two district cases with different trials and different possible outcomes.

In general, with a civil case, the remedies are monetary. Judges may also impose other punishments, but the most common is making the person pay for damages. Damages are your expenses or losses due to the negligence or actions of the other person. You will make a request for a certain amount of damages when you file your case. The judge’s ruling is based on this. The judge may award you more or less than what you ask or the exact amount you ask. This information is for education and is not legal advice.