Is a Criminal Conviction Necessary to File a Crime Victim Lawsuit?

Differences Between Criminal Prosecution and Civil Litigation

At the opening of every “Law & Order” episode, we’re told that “In the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime, and the district attorneys who prosecute the offenders. These are their stories.”

Technically, they could expand that introduction by saying that “the people” are also entitled to seek a remedy in a civil court. In Philadelphia, these two courts fall under the Court of Common Pleas, either the civil or criminal division.

These are the key differences between criminal prosecution and civil litigation:

Initiator

The initiator is the party that brings the charge or claim before the court. Criminal cases are brought by the Philadelphia District Attorney’s Office. Civil cases are filed by private individuals.

Purpose

A criminal trial aims to punish offenders and protect the public by incarcerating the offender if convicted. A civil trial is meant to provide a remedy to victims in the form of a financial settlement that would cover any expenses resulting from the loss.

Burden of Proof

In criminal cases, guilt must be proven “beyond a reasonable doubt.” That is an extremely high standard, and that burden is on the prosecuting attorney. With a civil case, guilt must be proven by “preponderance of evidence.” That means, based on the evidence and testimony provided, the negligence that led to the crime was more likely than not.

Rights

Criminal defendants have constitutional protections. That includes the right to a court-appointed attorney and a speedy trial. A plaintiff who brings a civil action generally does not have the right to a court-appointed attorney.

Verdict

Criminal trials usually require a unanimous jury verdict. In a civil trial, non-unanimous verdicts are often allowed, such as 10 out of 12 jurors agreeing on guilt or innocence.

Impact of a Criminal Conviction on Your Civil Case

A criminal conviction often acts as conclusive proof of liability. That includes when the defendant enters a guilty plea. That would boost the victim’s claim in the civil action. It also prevents a defendant in the civil action from seeking summary judgment. That would be a judge’s ruling without a trial. In other words, you can move forward with your civil action when there has been a criminal conviction.

A criminal conviction establishes that a court has found the defendant guilty of an illegal act.

However, that is just focused on the assailant. Suppose you were assaulted in a nightclub. The person who assaulted you could be found guilty in a criminal court, but the nightclub owner could be found guilty in a civil court for not providing adequate security.

It is important to note that a criminal case will often take priority over the civil action.

The judge handling your civil complaint might issue a “stay” or pause the trial. That might prolong your resolution. However, as long as you file your complaint before the two-year statute of limitations, your case can be called at any time.

Although a criminal conviction can support your civil lawsuit, it is not always necessary.

A perfect example would be what happened with O.J. Simpson. He was found not guilty of the murder of Nicole Simpson and Ron Goldman. However, in a civil court, he was found guilty and ordered to pay restitution to the surviving family members.

Recovering Damages for Physical and Emotional Trauma

The damages you can seek as a crime victim aren’t limited to your medical bills or wages from lost time at work. They can also include compensation for the physical and emotional trauma you had to endure as a result of the crime.

How much is that worth? It depends on the severity of the assault and its lasting impact.

This is the type of issue that the legal team at Laffey Bucci D’Andrea Reich & Ryan can help with. When we agree to work with the victim of a crime, we will provide the full resources of our offices to pursue justice. Our experience in these types of claims gives us a unique insight into how to support our clients.

We recognize how important it is to find a quick resolution so you can move on from the incident. Our support begins with the first consultation with our team, where we can hear what happened and present options for the next steps.

Contact us today to schedule your consultation today.