Why File A Civil Suit After Losing A Criminal Case?

Losing a criminal case doesn't mean that you have no future options. You can file a case in the civil courts even if a criminal court hasn't found it in your favor. When might you want to file a civil lawsuit?

You Want Justice

Even if you know that a criminal court should rule in your favor, things don't always go according to plan. A jury might not convict the person who you believe or know to be responsible for a criminal act.

Sometimes, this is down to a higher burden of proof standards. A jury in a criminal case typically only finds someone guilty if the prosecution has proved their guilt beyond a reasonable doubt. This isn't always easy to do.

If prosecutors don't have enough evidence to prove guilt to this high standard, then a guilty person could go free. Mistakes and technicalities can also result in acquittals or not-guilty verdicts. If this happens, then you won't get the justice or closure you need.

At this stage, you can talk to a civil litigation attorney about filing a civil suit. You can file these suits after criminal cases as long as you meet the statute of limitation timelines.

Here, you don't have to meet such a high burden of proof standards. Your legal team stands a better chance of proving guilt even if your evidence isn't strong enough for a criminal case.

You Want Damages

Even if a criminal court finds someone guilty of a crime, you aren't guaranteed to get any financial compensation after the case. Sometimes, courts will award restitution payments or other damages; however, you might not automatically get the money you are owed.

You can file a civil suit to boost your chances of getting the compensation you deserve. For example, your civil litigation attorney can file a suit to recover damages you are already owed.

Or, if a criminal case didn't find a defendant guilty, then you can file a civil lawsuit to prove their guilt and to claim damages. In some cases, you might not even need to go to trial. The person you are taking to court might settle before things get to this stage.

Remember that you don't have to wait to file a civil suit until your criminal case is over. It sometimes makes more sense to run the two cases simultaneously. For more advice, contact a law firm such as Law Offices of Eric K. Krasle. They can explain your options and help you choose the best route to take.

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