Lawyer for negligent bodily injury cases

In the legal world, cases of negligent bodily injury are complex and call for a careful, dedicated approach. Whether you are the victim of an accident or the person who caused such a situation, a lawyer in negligent bodily injury can make the difference between complicated proceedings and a favourable outcome.

This article offers you an overview of the crucial role a lawyer plays in such cases, explaining why expertise and experience are essential in order to navigate the maze of legal rules and liabilities.

What does negligent bodily injury mean?

Negligent bodily injury refers to situations in which a person suffers physical injuries because of someone else's negligence or imprudence, without any direct intention to cause harm. In legal terms, this means that the perpetrator failed to observe the applicable standards of conduct or failed to take the measures needed to prevent an incident that resulted in another person being injured.

Such cases may arise in a variety of circumstances, including:

Road accidents: The most frequent cases of negligent bodily injury arise out of traffic accidents, where a negligent driver causes injury to other road users.

Workplace accidents: Employees may suffer injuries owing to the failure of the employer or of fellow employees to comply with health and safety at work rules.

Domestic accidents: Situations in which negligence or imprudence in handling equipment or hazardous substances results in a person being injured.

Negligent bodily injury where you have been drinking and driving

Negligent bodily injury where the driver has been drinking and driving is one of the most serious road offences, given the heightened danger that driving under the influence of alcohol poses to the safety of road users.

Alcohol consumption impairs concentration, reaction time, the perception of distances and the ability to make quick decisions, significantly increasing the risk of an accident. Where, through the fault of a driver under the influence of alcohol, another person suffers injuries requiring medical care or causing significant impairment of bodily integrity or health, the act may give rise to criminal liability for negligent bodily injury. In such situations, the court will examine both the specific circumstances in which the accident occurred and the driver's blood alcohol level, the seriousness of the injuries sustained by the victim and the driver's conduct after the event.

As a rule, the presence of alcohol is a particularly important factor in assessing the social danger of the act, and the perpetrator may be held liable at the same time both for the offence of negligent bodily injury and for that of driving a vehicle under the influence of alcohol, facing severe penalties, including imprisonment and revocation of the right to drive motor vehicles.

How long do criminal proceedings for negligent bodily injury take?

The duration of criminal proceedings for negligent bodily injury may vary considerably, depending on the complexity of the case, the volume of evidence, the number of witnesses and the efficiency of the judicial system. Generally, such proceedings may last from a few months to a few years.

The investigation stage, in which the police and prosecutors look into the circumstances of the incident, gather evidence and take statements from witnesses and the parties involved, may last from a few weeks to a few months. Once the investigation is completed, the prosecutor decides whether there is sufficient evidence to send the case to trial.

If so, the indictment is drawn up and the file is sent to the competent court, which may take from a few weeks to a few months. Next comes the preparation of the trial, which may last from a few months to a year and includes submitting and reviewing the evidence, identifying and preparing witnesses and settling the legal strategy.

What is the penalty for negligent bodily injury?

Under Article 196 of the Codul Penal (Criminal Code), the penalty for negligent bodily injury varies according to the specific circumstances of the act and its seriousness:

The act committed under the influence of alcoholic beverages or psychoactive substances, or in the course of an activity which is in itself an offence: The penalty is imprisonment from 3 months to one year or a fine.
The act provided for in Article 194 para. (1) committed negligently: The penalty is imprisonment from 6 months to 2 years or a fine.
The act committed negligently as a result of failure to comply with legal provisions or with precautionary measures applicable to the exercise of a profession or trade or to the carrying out of a particular activity: The penalty is imprisonment from 6 months to 3 years or a fine.
Where the act has resulted in injury to two or more persons: The special limits of the penalty are increased by one third.
If the failure to comply with the legal provisions or precautionary measures, or the carrying out of the activity which led to the commission of the act, is in itself an offence: The rules on concurrent offences apply.
Criminal proceedings: Criminal proceedings are initiated upon the prior complaint of the injured person.

How can a lawyer help you in a negligent bodily injury case?

A lawyer specialising in negligent bodily injury cases can provide essential assistance and representation in such a case. Here is how they can help you:

Legal advice: An experienced lawyer understands the complexity of the law and can provide comprehensive legal advice at all stages of the criminal proceedings regarding your rights, the legal options available to you and the possible outcomes of the case.
Case assessment: Your lawyer can assess the circumstances of your case, including the available evidence and the responsibilities of the parties involved, in order to identify your strengths and weaknesses and give you a realistic view of your prospects of success.
Representation before the court; Your lawyer will represent you before the court and plead your case at hearings and in other judicial proceedings. They will advance robust arguments to defend your interests and secure the outcome you seek.
Handling the legal proceedings: Court proceedings can be complex and confusing. A lawyer familiar with the details of legal procedure can manage every aspect of your case, including filing the relevant documents, dealing with the court and the other parties involved, and meeting all deadlines.
Negotiation and mediation: In some cases, negotiation or mediation may be a more favourable option than litigation. Your lawyer can negotiate with the opposing parties or take part in mediation in order to reach a settlement that protects your interests.
Maximising compensation: A lawyer experienced in cases of negligent bodily harm can fight to ensure that you receive the compensation you deserve for the harm suffered, including damages for medical treatment, loss of earnings, pain and suffering and other losses.

If you find yourself in a difficult situation and need legal assistance in a case of negligent bodily harm, do not hesitate to turn to professionals. Our team at Buju Stanciu & Associates is here for you, with extensive experience in criminal law and a genuine commitment to protecting your interests.

With a dedicated, results-driven approach, our lawyers are ready to give you the support and representation you need before the court. We are here to guide you through every stage of the legal process, from the initial assessment of your case to achieving the outcome you seek.