Search Site
Menu

How Can a Criminal Case Affect the Outcome of a Civil Case in Massachusetts?

In this video blog, we discuss the effects that a criminal case can have on a civil matter with a guest attorney, Rick Sinnott, who has a significant background in both criminal and civil matters.

We first discuss an example involving a vehicular homicide resulting in an impending criminal case, which at the same time leads to a civil suit. Thus, there are parallel criminal and civil actions. Attorney Sinnott explains that the criminal case can work in favor of the plaintiff’s attorney in the civil case. First, he cites the doctrines of res judicata/collateral estoppel. This can be very beneficial for the civil case because if the criminal case has resolved with a finding of guilt, that should have conclusive effect on the civil matter. After all, the standard in the criminal case is higher– reasonable doubt– and if a determination of guilt has already been made, then surely the civil case standard of preponderance of the evidence has been met. (Conversely, if the defendant was found not guilty, that finding will not have any preclusive effect in the civil case nor will it be permitted into evidence. I tell clients to think of the O.J. Simpson case, where a criminal jury found him not guilty but that finding had no bearing on a civil jury which found Simpson liable.)

If the two cases– the criminal and civil cases– are going on simultaneously, as is usually the case, the defendant in the civil case will plead the Fifth Amendment and refuse to answer any questions. However, that need not interrupt the flow of discovery. A very useful source will be the police investigation. On numerous occasions, I have very happily used much of the criminal investigation to advantage in the civil case. It is a deep reservoir of information.

In our video blog we discuss filing a public records request with the police department for the records related to the plaintiff’s accident. However, as noted by Attorney Sinnott, there is little enforcement of the public records request law in Massachusetts. He states that if the police department refuses to comply with such a request, then the request must be sent to the Secretary of State’s office and then to the Attorney General’s office, both of which have been reluctant to intervene. I have found that the plaintiff’s attorney will nevertheless acquire enough information to proceed very successfully on the civil case.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience ma...

    Read more

    Rose M

  • google
    5.0/5.0

    After researching online, hiring Attorney Colleen Santora was the wisest decision I made. She represented me in my personal injury auto accident case. I sustained lingering post-concussive injuries and pain. Throughout a four year process, Colleen...

    Read more

    Diane DeMarco

  • google
    5.0/5.0

    Feinberg & Alban did a stellar job representing me at a time when my accident and a busy life didn't leave me any capacity to deal with the logistics of a lawsuit. From across the country, the firm (Ms. Colleen Santora, in particular) handled every a...

    Read more

    Trevor Zierhut

  • google
    5.0/5.0

    I was in a car accident recently that put me in the hospital and having Perry Feinberg from Feinberg & Alban was the best decision I ever made, with having so many choices for representation in these situations. The level of professionalism was incre...

    Read more

    John Stenis

  • google
    5.0/5.0

    I can't say enough about this law firm, and its commitment to its clients. Robert & Colleen took a personal interest in my case, which took several unexpected and frankly wild twists and turns along a very long road. They stuck with it, with me, even...

    Read more

    Wu tang Is for the children

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form