For victims of crime, the journey toward justice can be long and complicated, often involving criminal court proceedings and sometimes civil court cases. While many people are familiar with the criminal justice system, fewer understand there even is a civil process that can happen in parallel systems. Civil cases can begin before, during and even after a criminal case has been initiated or resolved. Civil lawsuits are an additional option available to victims with a means through which victims and the families of victims can seek justice and compensation for their losses.
Here we’ll explore the connection between criminal trials and civil lawsuits, highlighting how one can affect the other and what crime victims should keep in mind. Perhaps most importantly, the criminal system is initiated by the state or the government; the civil system is an option available to victims.
Criminal Trials and Their Purpose
The primary purpose of a criminal trial is to determine if an accused person is guilty of violating a law, and if so, punish that individual. The state or federal government prosecutes these cases, and if the defendant is found guilty, he or she may face penalties such as fines, probation or imprisonment. While criminal trials aim to and do help protect the public and provide some justice for the victim, they rarely directly compensate the victim for any personal losses incurred as a result of the crime.
Civil Lawsuits are a Path to Justice and Financial Compensation
In contrast to a criminal case, a civil lawsuit allows crime victims to seek financial compensation for the damages they endured, which often includes medical expenses, mental health services, lost wages and emotional distress.
Civil cases are distinct from criminal cases. Civil cases are brought by the victim or the victim’s family, rather than by the state. Even if the criminal case ends in an acquittal, the victim still has the right to file a civil suit against the defendant or a negligent individual or entity that allowed an injury-producing event to occur.
The Intersection of Criminal Trials and Civil Lawsuits
Although separate, criminal and civil cases often intersect in a number of ways:
1. Evidence and Testimonies: Evidence presented during a criminal trial can significantly impact a civil case; and likewise, evidence uncovered prior to a criminal trial can significantly impact a criminal case. A criminal conviction, including a plea, can help provide or minimally support the basis for a civil lawsuit. Much of the evidence needed, or even helpful to a civil case, has oftentimes been obtained, or more likely than not will be obtained by law enforcement and provided to the prosecution for use in the criminal proceeding. Once presented at trial, evidence admitted in the criminal case has been vetted in court and can be very useful when pursuing a civil action.
An acquittal in a criminal case doesn’t mean a civil lawsuit will be unsuccessful. First, there is a lower burden of proof required in a civil case. Oftentimes, the defendant in the criminal action is not the defendant in the civil case. In the criminal system, the defendant is an alleged perpetrator of a crime; in the civil system the perpetrator may be a defendant, but it’s often an entity (an apartment complex, a parking lot, a security company, a nursing or behavioral care facility).
2. Burden of Proof: As indicated earlier, the standard of proof in criminal trials is ‘beyond a reasonable doubt’; whereas in civil cases, it’s a preponderance of evidence that is required – what is ‘more likely than not’. This difference allows a victim to pursue a civil case even if the accused was not found guilty in criminal court. This was famously seen in cases like the O.J. Simpson trial in 1994-1995, where Simpson was acquitted criminally but held liable in civil court in 1996-1997. Because criminal cases involve higher stakes such as imprisonment or even in some instances, death, the burden of proof is higher. Civil cases are most often brought based on a claim of negligence.
3. Impact on Timing and Strategy: If a perpetrator is found guilty in a criminal case, or even pleads guilty, such a result or plea can oftentimes help in supporting a victim’s civil lawsuit. Sometimes what happened in a criminal case, like how the injury-producing criminal event occurred, can help guide the legal strategy used in a civil case. And again, in both cases, the criminal proceeding and the civil action can happen simultaneously. A criminal proceeding does not need to come to a conclusion before a civil suit can be filed.
4. Access to Criminal Trial Records: Victims may use evidence discovered by law enforcement and other evidence used at a criminal trial. Access to these materials can often help strengthen civil cases and reduce legal time and expense. What you must know is that investigative materials and statements obtained by law enforcement or prosecution are not available or obtainable by civil litigants until the criminal case has reached a conclusion. Learn seven reasons why legal documentation is essential in civil cases.
Why Civil Lawsuits Matter for Crime Victims
For many victims, a civil lawsuit is an essential step toward healing and moving forward. A civil action provides an opportunity to pursue negligent parties that allowed circumstances or conditions to exist that allowed an injury-producing crime to occur. A victim, or the family of a victim killed in one of these injury-producing criminal events, can receive compensation that a criminal court, more often than not, cannot or does not award. Financial compensation can most often help with the costs of medical treatment, counseling, lost wages, moving fees and other expenses, including physical and emotional pain and suffering.
Working with an Experienced Civil Law Attorney
Navigating the criminal and civil justice systems can be daunting, but an experienced attorney with a history of representing crime victims can help you understand your options and make the process more manageable.
Typically, a Victim Witness Advocate (VWAP) will be assigned to the victim/survivor by a Prosecutor (District Attorney) or ADA (Assistant District Attorney) to assist the victim/survivor or family member as they navigate through criminal proceedings. While those advocates are vital in helping victims and survivors to get through the criminal justice process, they typically have little to do with assisting that victim or the family of a victim navigate the civil justice system.
Legal professionals, civil justice lawyers and paralegals experienced in handling and representing crime victims are equally vital when considering pursuit of a civil action. A civil action involves the pursuit of just compensation for injuries caused by a deliberate or negligent act or acts of another individual or entity.
Criminal trials and civil lawsuits serve different purposes but can intersect in ways that ultimately support the victim’s pursuit of justice and compensation. If you or a loved one have been a victim of a crime, remember that civil litigation offers a powerful avenue regardless of the criminal trial’s outcome.
If you have questions about civil lawsuits related to crime victim cases, or need guidance on pursuing a claim, contact the Isenberg & Hewitt office to discuss how we can help support your journey toward justice.