Some Missouri crime victims think that they have to wait until the criminal case is finished before they can begin their civil case. This thought is wrong.
The civil case and the criminal case are independent of each other. As such, there is no particular order in which they must proceed. They can even occur simultaneously. Although the criminal prosecution often occurs shortly after the criminal event, it is sometimes delayed. Further, it can often take several months for a criminal prosecution to be resolved. These delays do not have to hinder the start of a recovery in civil court.
Further, a civil case can be pursued even if criminal prosecution does not occur. Sometimes a prosecuting attorney does not believe that he or she has enough evidence to proceed with a criminal charge. This does not stop the crime victim from seeking a civil recovery. This condition can exist because the burden of proof in a criminal case is “beyond a reasonable doubt” and the burden of proof in a civil case is the lower “preponderance of the evidence.”
Additionally, civil cases can proceed even if the specific criminal actor is not apprehended. For instance, imagine an individual that is assaulted in a convenience store parking lot. Even if the person who commits the actual assault is never caught, the victim might still have a civil claim against the convenience store operator for providing inadequate security.
I recommend that crime victims call us soon after the criminal activity in order to determine the best strategy for their case.
