If convinced criminally, is civil a no brainer?

[Thanku4thehelp]

I was attacked by an individual and I would like to pursue civil action.

My question is, with the criminal trial this month, if they are found guilty
or change their plea from not guilty to no contest (is that even possible after pleading not guilty?)

Does the likelihood of success in a civil trial increase dramatically if found guilty?

I would appreciate any insight.

Thank you.

 

[LdiJ]

I was attacked by an individual and I would like to pursue civil action.

My question is, with the criminal trial this month, if they are found guilty
or change their plea from not guilty to no contest (is that even possible after pleading not guilty?)

Does the likelihood of success in a civil trial increase dramatically if found guilty?

I would appreciate any insight.

Thank you.

Civil trial for what? What were your damages?

 

[Thanku4thehelp]

Civil trial for what? What were your damages?

Medical and Emotional.

 

[Just Blue]

I was attacked by an individual and I would like to pursue civil action.

My question is, with the criminal trial this month, if they are found guilty
or change their plea from not guilty to no contest (is that even possible after pleading not guilty?)

Does the likelihood of success in a civil trial increase dramatically if found guilty?

I would appreciate any insight.

Thank you.

US Law Only.

 

[LdiJ]

Medical and Emotional.

Medical is possible, but emotional is unlikely.

 

[Zigner]

I was attacked by an individual and I would like to pursue civil action.

My question is, with the criminal trial this month, if they are found guilty
or change their plea from not guilty to no contest (is that even possible after pleading not guilty?)

Does the likelihood of success in a civil trial increase dramatically if found guilty?

I would appreciate any insight.

Thank you.

If this is in the US...

In most (all?) states, a "no contest" plea is NOT considered a guilty plea or a finding of guilt with regard to civil matters.

 

[justalayman]

You still have to prove your damages even if you win. No provable damages could mean you win but win nothing.

 

[Thanku4thehelp]

Medical is possible, but emotional is unlikely.

Thank you for your response.

Can you please tell me more about why emotional damage
would be unlikely?

 

[CdwJava]

Thank you for your response.

Can you please tell me more about why emotional damage
would be unlikely?

How will you PROVE "emotional" damage (aka pain and suffering)? What changes to your life have taken place? How much have you spent on therapy or other life changes as a result of what happened? How much are you willing to spend to try and get a judgement (think $15,000 to start), and is it even possible for the defendant to pay any award? You may find that you would spend a bucketload of money and get nothing in return.

And depending on the laws of your unidentified state, you will have a time limit on when you can file and what you can file for. If you want to go to small claims court, again, the laws of your unnamed state will come into play as to how much you can ask for and whether or not you can then seek damages for pain and suffering. So, with that said, what state are you in? AND, what are your damages?

 

[Just Blue]

Thank you for your response.

Can you please tell me more about why emotional damage
would be unlikely?

You have been asked several times to give us the VERY IMPORTANT information of your state.

 

[Thanku4thehelp]

You have been asked several times to give us the VERY IMPORTANT information of your state.

I live in the state of Nevada

 

[quincy]

I was attacked by an individual and I would like to pursue civil action.

My question is, with the criminal trial this month, if they are found guilty
or change their plea from not guilty to no contest (is that even possible after pleading not guilty?)

Does the likelihood of success in a civil trial increase dramatically if found guilty?

I would appreciate any insight.

Thank you.

A "no contest" (nolo contendere) plea is treated in a criminal case the same as a "guilty" plea. The advantage to a criminal defendant in pleading no contest in his criminal trial is that the no contest plea cannot be used against the defendant in any civil action filed against him based upon the same criminal acts. The plaintiff in a civil action would have the additional burden of proving the defendant's guilt.

There may or may not be a greater likelihood of success in a civil trial filed against the defendant if the defendant has been found guilty in the criminal case. It really depends on the specific facts. If a defendant is found guilty in a criminal trial, however, any award of damages in a successful civil action could be harder to collect if the defendant is incarcerated. And, even if the defendant is not found guilty, the defendant may not have much left in the way of money or assets after the expense of his criminal trial to pay an award of damages to the winning plaintiff.

You can refer to the O.J. criminal trial (not guilty) and civil trial (guilty) to see how these worked out.