If you are facing criminal prosecution and you can afford a criminal defense attorney, it will likely be in your interest to hire your own private criminal defense attorney instead of relying on a state-appointed public defender.
Public defenders are generally well-intentioned, hard-working lawyers who provide as much help as they can to defendants. Unfortunately, many public defenders are tasked with representing literally hundreds of clients every year. There have even been concerns in recent years that Georgia fails to adequately fund some aspects of the state’s public defender system, namely their appellate office.
According to the Georgia Public Defender Council, 85 percent of criminal defendants in Georgia are represented by a public defender.
No – civil suits and insurance claim disputes are an entirely separate area of law. If you’ve been injured in an auto accident, you don’t need a public defender and are not entitled to one. You should likely be looking for a personal injury lawyer.
Personal injury lawyers like Joseph Zdrilich are plaintiff attorneys, meaning they represent people who are seeking monetary compensation after being injured by another person or business’s negligent, reckless or criminal actions.
Personal injury law and criminal law are two separate parts of the judicial system.
In general, the state will only provide you with a lawyer if you’re a criminal defendant and you can’t afford to hire your own attorney. If you need a divorce lawyer, a lawyer to represent you in a commercial dispute, an attorney to assist with due diligence on a real estate deal, an immigration attorney or any other legal services, you’ll need to contact an appropriate law firm or private practice attorney. Most of these lawyers will charge you an hourly rate, a flat fee or a retainer.
Personal injury lawyers offer representation on a contingency fee basis, which means you don’t have to pay them out of pocket. They will essentially represent you for free until they successfully negotiate your insurance claim or win a verdict on your behalf in court, at which point they will be paid a percentage of the proceeds they win.
You will need to interview and consult with personal injury attorneys and find one to take your case. The state will not appoint one for you.
There are some situations where a person may be a defendant in a criminal case and a civil lawsuit for the same action. For example, if a drunk driver in Georgia hits another vehicle and injures other drivers or passengers, they may be charged with serious injury by vehicle (SIBV). SIBV is a felony offense that can result in up to 15 years in prison.
A completely separate civil case may be brought against the drunk driver for the same accident. The drunk driver’s public defender will not represent them in the civil case, only the criminal case.
If you were injured by an insured drunk driver, the insurance company can’t simply deny your claim because the drunk driver knowingly and intentionally got behind the wheel drunk. They will still be on the hook for the damages their policyholder caused, up to the limits of the drunk driver’s bodily injury and property damage liability policy.
Things can be a little murkier for the drunk driver. The drunk driver’s insurance company may argue their policyholder’s actions were intentional, therefore voiding their duty to provide a defense or cover the drunk driver’s injuries (e.g., a MedPay claim).
If you committed a criminal act that resulted in injuries, like causing a drunk driving accident, the insurance company will not pay for your criminal defense attorney. Although they will likely be liable for damages up to your policy limit in civil cases, they have no obligation to defend you or pay damages beyond that limit.
Another intersection between criminal law and personal injury law can be found in negligent security liability cases. Criminals who commit assaults frequently leave their victims with significant physical, emotional and financial damages. Victims of those crimes deserve compensation, but the criminals often don’t have liability insurance that covers their actions.
It may be possible to hold the owner of the property where the assault occurred liable for the damages. A premises liability lawyer may be able to develop a compelling case showing the property owner knew that poor or defective security on the property made an assault likely. The property owner’s failure to maintain a safe premises could make them liable for the victim’s injuries.
The victims of crimes must often cope with significant financial, physical and psychological consequences. There may be more than one party who is liable for your injuries. If you’ve been injured by a drunk driver or suffered an injury due to any other criminal action, it may be worth your time to speak with a personal injury lawyer.
Call Joseph Zdrilich today at (770) 931-9604 to learn about your options.
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Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.
Zdrilich Injury Law, LLC providers one-on-one representation to car accident, truck accident and workers’ compensation clients in Georgia.
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