When Can I Start My Civil Case?

Sometimes, Missouri crime victims wonder when they can begin a civil lawsuit against the responsible parties.  They question whether they have to wait for the criminal case to be concluded before proceeding on a civil claim for damages.

The short answer to this question is no, they do not have to wait for the criminal case to be over.  Remember that a civil case and a criminal case, although they might stem from the same facts, are two distinct cases.  You can file a civil case when the criminal case is still pending.  In fact, you can file a civil case even if criminal charges have not yet been filed.

However, timing can be a strategy consideration.  In some instances it is best to file a lawsuit as soon as practicable after the event.  Other times, it might be better to file the lawsuit after the criminal case has concluded.  (However, don’t wait too long, or the claim might be barred by the statute of limitations.)

If you think that you have a crime victim case, it is best to contact Crime Victim Legal Services as soon as possible after the event.  Only after a careful consideration of all of the facts can a specific timing strategy be applied to your case.

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