Although not unusual, a majority of car crashes in Virginia do not result in any serious criminal charges being filed against the at-fault driver. This is because many car crashes are the result of negligent behavior, but ordinary negligence will not usually support criminal charges. However, where a driver engages in extremely reckless or intentional conduct – such as driving under the influence as this driver is accused of doing – the local Commonwealth Attorney’s office can file a criminal case against the driver. Additionally, the injured individual and/or his or her family can file a separate civil action against the driver. Is there any benefit to filing a civil action? As it turns out, filing a civil case is essential if the injury victim and/or his or her family wishes to obtain full compensation.
When a crime has been committed against another person or caused another person to suffer a loss and a criminal case is filed, the crime victim may ask the court (through the prosecutor’s office) for restitution. Restitution is meant to compensate the crime victim for the costs that he or she has endured as a result of the criminal activity. In a driving under the influence case in which the victim was injured and required hospitalization, a restitution award can be sought and (if obtained) would pay for these expenses. Unlike guilt in a criminal case (which must be established beyond a reasonable doubt), a crime victim will be compensated if he or she is able to establish the amount of loss and that the loss is related to the criminal activity by a preponderance of the evidence (that these two facts are more likely than not true).
In some cases, the amount a crime victim would receive through a restitution award would be nearly identical to the recovery he or she would receive in a civil case. Nonetheless, there are at least two reasons why an injury victim should still consider filing a civil lawsuit even if he or she is seeking restitution through a criminal case:
For these reasons, if you or a loved one has been injured by an extremely reckless or deliberate act by another driver (including driving under the influence of alcohol and/or drugs), do not simply assume that a criminal restitution order will adequately compensate you. Contact Jan Hoen of Hampton Injury Law and retain his services and counsel. He will fight aggressively through the civil court system to help you obtain full compensation for your injuries and losses. Contact Hampton Injury Law today to discuss your case by calling (757) 838-1138 or by completing the firm’s online contact form.
Mr. Hoen is amazing. I cannot thank them enough. They took the struggle of dealing with insurance company's and their minions and I could concentrate on home, family and work! 1000 percent recommended to take the headaches away!
Very helpful and made this process easy. Thank you.
Excellent services, will surely recommend!
Excellent service. Provided quick information and explained all the information. I would definitely recommend the services of Hampton Injury Law PLC.
Great service to resolve my claim with an insurance company. I highly recommend Hampton Injury Law PLC!
The staff at this firm is extraordinary. Everyone at this office welcomed me with open arms. It is truly a family-oriented firm. God Bless you all. Love you all.
I am so thankful for the professionalism and quick actions to get the case settled. I never felt out of the loop. Great office, will definitely be getting referrals from me. Thanks, Mr. Hoen & Staff!
Mr. Hoen and his staff were very helpful during my unfortunate event, and for that, I can't thank them enough.
I was really pleased with the handling of my case.
I would refer Mr. Hoen to anyone. Very pleased with the communication and would give a great review.
My experience was outstanding. And everything was done in a very timely manner. 5 stars!
All was handled so efficiently and professionally, I would highly recommend.
Jan Hoen was fantastic and helped me with my first major accident!
I am very pleased with Lawyer Hoen representing me. Happy I picked a very qualified and nice person.
Very helpful, didn't fail to answer questions.
Wonderful personnel and extremely helpful in a time of need. 100% recommended.
Very professional, always kind.
Everyone in the office was excellent. I would recommend their services.
Wonderful communication and support. Thank you for your help.
Thank you so much!
Great work and thank you very much!
Great service and outstanding friendliness! I would recommend this firm to anyone.
Excellent service and attention!
It has been a pleasure to work with Attorney Hoen, and I will give my recommendations.
Friendly, professional staff. Thank you for the representation.
Great experience for my first time using an attorney.
I sincerely appreciate the professionalism provided by this office! Definitely made this process less stressful.
Very pleasant process all the way through. I was informed of everything in a timely manner, and everything was explained to me, including other options.
Thank you for the service. You're the best!
Thank you for always being honest, giving the best advice, and having my interests at the forefront.
Professional, effective & courteous representation.
Thanks! Job well done!
Great service, thank you!
Excellent and prompt service. Great communication.
Always an excellent and harmless experience.
Very helpful and was always available when I needed their time.
Very good attorney. He got the job done! Very excellent. Staff is great, too!!
Hands down the best experience I've ever had with any law firm. Highly recommended!
Very nice to work with and communication has never been a problem.
I would recommend this law firm.
Awesome lawyers and fast!
They took care of me and got me way more than I expected!! I'll definitely use them again!
Thankful for ALL of you!
Awesome service. Thanks!
I found them to be very helpful with good communication.
This is my second encounter with my lawyer. Each time I have received excellent service.
Excellent service! Thank you!
Superior legal representation! Thanks!
Thank you so much for helping me to get back to my old life—the happy me.
Thanks, Hampton Injury!
The entire time I needed services, Mr. Hoen answered any questions, calls & emails fast and honestly!
Great experience! Thank you for being helpful!
Amazing job! Thank you!
Great experience, thanks!
Most honest and humble attorney ever. I appreciate your hard work!
Thank you for all your help! They handled my case professionally. I highly recommend!
Everyone was very helpful and made this process very smooth. I recommend Jan Hoen from Hampton Injury Law.
Great law firm.
Very easy to work with and made the process quick and easy.
Mr. Hoen and his staff were very responsible. They helped me with everything I needed. I recommend the services of Hampton Injury Law.
I give Hampton Injury Law five stars. The staff was great, and they helped me with my case.
Mr. Hoen and his staff helped me very much with my legal issue. I highly recommend the services of Hampton Injury Law if you need legal representation.
Mr. Hoen is a great attorney, and I would recommend him to anyone. Anytime I had a question, he would reassure me and answer my questions. The staff is very friendly and helpful. After all my daughter and I had…
Attorney Hoen is very professional and easy to deal with. He worked hard on our cases and was successful in winning for us. I highly recommend him.
I have used Mr. Hoen’s services on two occasions, and on both occasions, his services were superb! He was able anytime I needed and always eager to answer any questions I had. He also was very compassionate towards my situation…
Although I have hired Mr. Hoen to handle a legal matter for me personally in the past, I most often work with him through my patients. I have had many opportunities to see how he handles issues that arise for…
He will not “just settle," he goes after what he wants and gets it usually. His legal skills, coupled with his humanitarian skills, are what make him so successful. I wish you only success in your new endeavor and wish…
I can honestly recommend Mr. Hoen and his staff. Any questions you have get answered very professionally, and everybody is very kind. Mr. Hoen goes the extra mile to get you what you deserve. I hope I don't need a…
I have worked with Jan as a fellow personal injury attorney in the area for many years. He is very good, well respected, and takes care of his clients. Even though he is a competitor, I do not hesitate to…
Jan Hoen represented my husband and me when a careless driver hit us, and we found him to be very knowledgeable and extremely helpful. Our son also won a personal injury case with Jan Hoen representing him. This is his…
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