Tucson Crime Victim Attorney
In Arizona, any crime victim can file a civil lawsuit against a perpetrator (the criminal).
If you are a victim looking for a crime victim attorney, please call 520-577-0707. Victims of crime can seek compensation in court regardless of whether the criminal was convicted or whether the criminal was charged at all. In civil court, the criminal’s conviction can be used to establish fault, and the failure of a conviction does not mean that the person was not at fault.
For example, O.J. Simpson was held to be not guilty of the crime (murder), but he was civilly responsible. It is both morally acceptable and fair for victims of crimes to seek compensation for their damages or the loss of their family member. The compensation will be used to help the family and the victim of the crime. Get help! There are resources out there for you such as the Pima County Attorney’s Office and the Office of the Arizona Attorney General.
Example of Liability Analysis
Pursuant to A.R.S. § 13-807, “[a] defendant who is convicted in a criminal proceeding is precluded from subsequently denying in any civil proceeding brought by the victim . . . against the criminal defendant the essential allegations of the criminal offense of which he was adjudged guilty.” A.R.S. § 13-807; see also Quintero v. Rodgers, 221 Ariz. 536, 212 P.3d 874 (Ct. App. 2009). Here, the co-defendant was found guilty of criminally negligent homicide. See A.R.S. § 13-1102 (“A person commits negligent homicide if with criminal negligence the person causes the death of another person. . .”).
Criminal negligence means “that a person fails to perceive a substantial and unjustifiable risk. . . the risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe.” See A.R.S. § 13-105. Therefore, pursuant to A.R.S. § 13-807, the defendant will be precluded from denying in this lawsuit that he acted negligently, i.e. deviated from the standard of reasonable care, with respect to the altercation with the deceased. See Quintero, 221 Ariz. at 542, 212 P.3d at 880. If the matter continues to be litigated, we have grounds for summary judgment with respect to the defendant’s negligence.
Compensation for victims
Compensation can be used to help crime victims with the loss of their income and to rebuild their lives. Causes of action for a wrongful death case include monetary damages in the form of loss of consortium, love, society, companionship, protection, discipline, comfort and guidance, medical expenses, funeral expenses, lost future economic support, and the survivor’s emotional pain and suffering.
The causes of action alleged within the trial may include the violation for the Arizona statutes enacted for the public safety, and negligence per se. Defendant’s acts and/or omissions may also violate the standards and procedures of the County or the City.
How to Select a Crime Victim Attorney
In selecting a crime victim attorney look for a dedicated attorney with a record of successful lawsuits. You may call us at any time at 520-577-0707.