If you watch enough courtroom dramas or listen to true crime podcasts, the legal system can start to look like a blur of gavels, juries, and dramatic objections. However, the reality of the American legal system, particularly here in California, is that there are two very distinct tracks a case can take: the criminal path and the civil path.
For anyone who has been injured in an accident, grasping the distinction between these two types of law is vital.
The Fundamental Goal: Punishment vs. Compensation
The primary divide between these two worlds lies in the objective of the lawsuit.
In a criminal case, the “plaintiff” is not the victim. Instead, it is the government – specifically, the People of the State of California. The goal here is to determine if a defendant broke a law established by the legislature. If the verdict is “guilty,” the objective is punishment. This serves to penalize the offender and deter others from committing similar crimes. The result is usually jail time, probation, community service, or fines paid to the state.
In a civil lawsuit, the goal is entirely different. Here, the objective is to make the victim “whole” again. While money cannot undo an injury or bring back a loved one, the civil court system uses financial compensation to balance the scales. This is where personal injury lawyers, like the team at Karns & Karns Personal Injury and Accident Attorneys, step in. We aren’t trying to put someone in prison; we are fighting to ensure you receive money for your medical bills, lost wages, and pain and suffering.
Who Initiates the Action?
The process begins differently depending on the track. In a criminal matter, a prosecutor or District Attorney (DA) decides whether to file charges. You, as the victim, are a witness in their case. You do not get to decide whether the case goes to trial or if a plea deal is offered. The state holds the reins.
In a civil case, you hold the power. You are the Plaintiff. You choose to hire a civil lawsuit lawyer Los Angeles CA and file a complaint against the person or entity that hurt you (the Defendant). You have control over settlement offers and legal strategy. This autonomy is crucial because it ensures your specific needs and losses are the priority, rather than the state’s general interest in law enforcement.
The Burden of Proof: The “Why” Behind Different Verdicts
Perhaps the most confusing aspect for the average person is how someone can be cleared of criminal charges yet still lose a civil lawsuit. The answer lies in the “burden of proof.”
In a criminal trial, the stakes are incredibly high, since a person’s freedom is on the line. Because the consequences involve taking away liberty, the standard of proof is the highest in the land: Beyond a Reasonable Doubt. The jury must be roughly 99% sure that the defendant committed the crime. If there is any logical doubt, they must acquit.
In a civil lawsuit, the standard is lower because the defendant is risking their wallet, not their freedom. The standard used here is a Preponderance of the Evidence. This simply means “more likely than not.”
Think of the scales of justice. In a civil case, your lawyers only need to prove that there is a 51% chance the defendant caused your injuries. If the scale tips even slightly in your favor, you win. This difference is why a driver who causes a car accident might avoid criminal charges due to lack of evidence but can still be successfully sued for the damages they caused you.
The Verdicts: Guilty vs. Liable
The terminology used at the end of the trial reflects these differences.
In criminal court, the verdict is “Guilty” or “Not Guilty.” A “Not Guilty” verdict doesn’t necessarily mean the person is innocent; it just means the state couldn’t prove the case beyond a reasonable doubt.
In civil court, we don’t use the word “Guilty.” Instead, the jury determines if the defendant is Liable or Not Liable. If the defendant is found liable, the verdict will include a specific dollar amount that they (or their insurance company) must pay to you.
Can You Have Both?
Yes. A single event can trigger both a criminal case and a civil lawsuit.
Consider a severe drunk driving accident. The police will arrest the driver, and the District Attorney will likely charge them with DUI. That is the criminal case. Simultaneously, you can hire a Los Angeles civil lawsuit attorney to file a civil lawsuit against that driver to pay for your surgeries and vehicle repairs.
Crucially, the civil case proceeds independently. We do not have to wait for the criminal trial to finish, nor does the criminal verdict dictate the civil outcome. In fact, evidence gathered during the criminal investigation, such as police reports and breathalyzer results, can be powerful evidence in your civil claim.
Why You Need a Civil Attorney
Many people assume that if the state prosecutes the person who hurt them, the court will order the defendant to pay the victim. While “restitution” exists in criminal courts, it is often limited to direct out-of-pocket expenses and rarely covers the full scope of damages.
Criminal restitution generally does not account for:
- Future medical care.
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Loss of future earning capacity.
To recover these damages, you must file a civil claim. This is where having experienced lawyers becomes essential. Insurance companies are well aware of the difference between criminal and civil liability, and they will fight hard to minimize what they pay out.
The Role of Discovery
Another key difference lies in the information-gathering phase, known as discovery. In a criminal case, the defendant has a Fifth Amendment right against self-incrimination. They can remain silent and cannot be forced to take the stand.
In a civil lawsuit, that right is much more limited. In many instances, we can compel the defendant to sit for a deposition, a questioning session under oath. We can ask them detailed questions about their actions, their history, and the incident itself. If they refuse to answer without a valid legal reason, the judge can sanction them or even instruct the jury to assume the answer would have been bad for them. This tool allows civil attorneys to dig deeper into the truth than is sometimes possible in criminal proceedings.
Seeking Justice on Your Terms
Ultimately, the criminal justice system is designed to protect the public. The civil justice system is designed to protect you.
If you or a loved one has been injured, relying solely on the police or the District Attorney may leave you with financial burdens that last a lifetime. You need a team that is dedicated to your specific recovery and financial stability.
Don’t leave your future up to chance. Let Karns & Karns fight for the compensation you deserve.
Call us today at 1-800-4-THE-WIN (1-800-484-3946) for a free consultation. Click here to visit our Contact page. Let’s get to work on your case.
