A criminal record, particularly a felony, can complicate various aspects of life. But if you were injured due to someone else’s negligence, you may wonder: “Can I still file a personal injury claim?” The good news is that in most cases, having a felony on your record does not prevent you from pursuing a personal injury claim. However, there are some legal nuances and potential challenges that you should be aware of. In this post, we’ll walk through your rights, potential obstacles, and strategies for ensuring your claim is handled effectively.

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1. Felony Conviction Does Not Eliminate Your Right to Sue

In general, your criminal record does not affect your legal right to file a personal injury claim. If you were harmed due to the negligence or wrongdoing of another party—whether in a car accident, slip and fall, or another incident—you can pursue compensation for medical expenses, lost wages, pain and suffering, and other damages, just like any other injured person.

Even if you are currently on probation or parole, or if you have completed your sentence, you still retain the right to hold negligent parties accountable through a civil lawsuit.

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2. Possible Challenges to Your Personal Injury Case

Although having a felony does not bar you from filing a claim, it can present some challenges:

A. Credibility Issues

In personal injury cases, the credibility of the injured party can be critical—especially if the case goes to trial. If the defendant’s legal team discovers your felony record, they may attempt to use it against you to undermine your credibility. This is particularly relevant if your conviction involved fraud, dishonesty, or perjury.

• Mitigating this risk: Your attorney can help prepare you to address the issue directly, ensuring that your past does not detract from the facts of your case.

B. Access to Certain Damages May Be Limited

Depending on the nature of your felony, you may be barred from seeking certain types of damages. For example, if your injury claim is against a government entity, some states have laws limiting the types of compensation that individuals with felony convictions can recover.

• Example: In some states, those convicted of violent felonies may not be eligible to receive pain and suffering damages from government-related lawsuits.

C. Challenges While Incarcerated

If you are currently incarcerated and wish to file a personal injury claim—for example, due to an injury caused by negligence in prison—it can be more difficult to pursue your case. You may face limited access to legal resources, and some states have specific statutes governing lawsuits filed by inmates. Additionally, statutes of limitations (the deadlines for filing a claim) may not pause during incarceration, meaning you must act quickly.

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3. Statute of Limitations: Filing Your Claim on Time

Every state has a statute of limitations that determines how long you have to file a personal injury claim. In most cases, a felony conviction does not extend or pause this deadline. Therefore, it is crucial to consult with a personal injury attorney as soon as possible to avoid missing your chance to recover compensation.

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4. Working with a Personal Injury Attorney

If you have a felony record, it is essential to work with an experienced personal injury attorney who understands how to handle these sensitive situations. Your attorney can help:

• Manage disclosure of your felony to minimize its impact on your case.
• Build a strong claim focused on the facts of your injury and the negligence of the other party.
• Protect your rights throughout the legal process, ensuring that your criminal history is not improperly used against you.

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5. Example Case: John’s Story

John was injured in a car accident caused by a distracted driver. He suffered serious injuries, resulting in costly medical bills and time off work. Although John had a felony conviction for theft several years ago, he hired a personal injury attorney and pursued a claim against the at-fault driver.

At trial, the defendant’s attorney tried to question John’s credibility by bringing up his past conviction. However, John’s attorney skillfully focused the case on the driver’s negligence and the severity of John’s injuries. As a result, the jury awarded John the compensation he needed to cover his medical expenses and lost wages.

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6. Conclusion: Your Right to Compensation

Having a felony conviction does not take away your right to pursue justice for an injury caused by someone else’s negligence. However, it’s important to be aware of the potential challenges and work with an experienced attorney who can navigate the legal system and protect your interests.

If you or a loved one with a felony record has been injured, don’t let your past stop you from seeking the compensation you deserve. Contact a personal injury attorney today to explore your options and ensure your rights are protected.

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