Knowing the difference between criminal law and civil law is critical in understanding your options as a crime victim.
The criminal law system is generally focused on the punishment of an individual who has committed a crime against society. Cases are brought by a prosecuting attorney against the criminal defendant. Typical outcomes of a criminal case are jail, fines, or probation.
On the other hand, a civil case is focused on restitution for the victim. The defendant has engaged in some type of activity that has caused damage to the victim. As such, the victim seeks a financial recovery against the responsible party. This is done by filing a lawsuit, in which the crime victim is represented by a private attorney. The expected outcome of a civil case is a monetary judgment against the defendant.
A single act can lead to both a criminal case and a civil case. Take for instance a drunk driver who crashes into another car and kills someone. The prosecuting attorney would likely file manslaughter charges against that individual for committing a criminal offense. The end result would probably be incarceration for that individual. This would be done to punish the defendant and to protect the rest of society from his/her dangerous acts.
However, on the civil side, the victim’s family still has the ability to file a wrongful death lawsuit against the driver and any other responsible parties. This would be an attempt to recover damages such as medical expenses, funeral expenses, loss of future income, and pain and suffering. This wrongful death claim would be pursued by a private attorney, such as Crime Victim Legal Services. The family does not have to wait until the criminal case is complete in order to proceed on the wrongful death claim.
