Victims can seek justice through both the criminal justice and civil justice systems. Criminal and civil justice differ in the burden of proof and the role of the victim.
- In civil cases, the burden of proof is on the plaintiff to prove liability.
- In a criminal case, the state controls the proceedings and the victim acts as a witness for the prosecution. In a civil suit, it is the victim who decides whether or not to sue, accept a settlement offer, or go to court.
When a crime has been committed and reported to law enforcement, the criminal justice system begins. The criminal justice system may prosecute an offender after charges have been filed and the arrest has taken place. The crime is now considered “a crime against the state.”
The civil justice system does not try to determine the guilt or innocence of an offender. The most important thing is to determine whether the offender or a third party is responsible for any injury that the victim suffers as a result of the crime. In most cases, if a civil court determines that the defendant is liable, they must pay money damages to the victim and/or the victim’s loved ones. Civil justice can provide victims with the financial resources they need to rebuild their lives. If found liable, it can hold defendants accountable for the victim.
Most crime victims have the right to sue the perpetrators of the crime or anyone else whose unreasonable behavior allowed it to happen. A plaintiff in civil cases must prove that there is a greater than 50% chance that a defendant committed all the elements of the claim. In civil cases, a defendant can still be held liable if the criminal trial ended with “not guilty”.
Criminal Lawsuits
- The defendant is held accountable to the state.
- The state controls and prosecutes all cases.
- The victim does not have a right to direct prosecution, or to veto the prosecutor’s decisions.
- The State must prove a criminal’s guilt beyond reasonable doubt.
- The perpetrator will be presumed innocent until proven guilty.
- If found guilty, the perpetrator is punished by state. The punishment may be probation or prison. The victim can’t receive money until the judge orders the defendant to pay the victim’s costs. If the damage is non-economic, the court cannot order restitution.
- If the person has been found innocent, then the state cannot bring a new case.
Civil Lawsuits
- The Plaintiff is the person who will be held responsible for the defendant.
- The plaintiff initiates and controls the case.
- She is also a party in the case and has a right to all information relevant to it. She can make decisions about the direction of the lawsuit, including settling the claim.
- The plaintiff must prove that the offender’s guilt is more likely than not.
- Both the Plaintiff as well as the Defendant is portrayed to be equals.
- If the defendant is found to be liable, a civil judgement will be entered against them. The court can order the Defendant to pay for medical and therapy expenses, psychological damage, harm caused to family relationships, and lost wages. The court can order the defendant to pay for non-economic damages, such as pain and suffering or punitive damages.
- Plaintiffs can sue an offender regardless of whether they have been convicted by a criminal court.
Restitution
A criminal court may order that the perpetrator reimburse the expenses incurred by a victim, the survivors of the victim or anyone else responsible for the victim as a result a crime. Even if the court ordered restitution, it is not always paid. This lack of enforcement–combined with limitations on the type of damages that may be included in a restitution order–often results in restitution falling far short of meeting victims’ needs.
The National Center’s guide, Make Restitution Real, explains how to collect fees and penalties that have been ordered by the courts.
State Crime Victim Compensation
Crime victim compensation funds in each state may provide compensation to victims. Victims can receive compensation for certain costs and losses that result from crimes. Funeral costs, medical expenses and counseling fees are included. The compensation may be reduced in the event that the victim has received money from insurance companies or other sources. State laws limit the amount that can be awarded to victims of a particular crime or for a specific loss. There are also restrictions on compensation eligibility.
Statutes Limitations
The statutes of limitations vary from state to state. After the SOL expires, a lawsuit is “time-barred” and can no longer be pursued. In cases where the victims are minors or have suppressed memories, the time limit to file a lawsuit can be extended. It is best to consult an attorney if you have questions regarding statutes of limitations.
National Crime Victim Bar Association provides more information about filing a criminal or civil lawsuit.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury attorney in Tampa Bay contact us today for a case evaluation today!
